Shortened working hours and shortened working week. Who is entitled to a part-time day by law?

Problem

The employer proposed cutting back, reducing the working day (and therefore wages); those who are against it can be cut.

A cockroach takes everyone to work in the darkness on a service bus. Now it discriminates against those who decide to downsize. Refuses to transport those who have decided to downsize. You have to get there on foot on your own. Is this legal?

Solution

Hello!

The employer wants to transfer you to part-time work time, which is provided by law in Article 74 of the Labor Code of the Russian Federation:

In the event that the reasons specified in part one of Article 74 of the Labor Code of the Russian Federation may lead to mass dismissal of workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of the Labor Code of the Russian Federation, to adopt local regulations, introduce a part-time working day (shift) and (or) part-time working week for up to six months.

Part-time work involves payment for labor in proportion to the time worked, Article 93 of the Labor Code of the Russian Federation.

The employer, when introducing a part-time working regime, must remember to notify the employment service about this.

If the employee refuses to continue working part-time (shift) and (or) part-time work week, then the employment contract is terminated in accordance with paragraph 2 of part one of Article 81 of the Labor Code of the Russian Federation:

You know, if you do not agree to work on a part-time basis, which means that you will be fired under clause 2 of Article 81 of the Labor Code of the Russian Federation to reduce the number or staff, then I recommend this Statement:

STATEMENT

for consent to early dismissal in accordance with Article 180 of the Labor Code of the Russian Federation

I, full name, work at “…….” (indicate the name of the employer’s organization and its organizational and legal form of ownership (LLC, individual entrepreneur, OJSC, etc.) in the position “………..” from “___” _______________ 20__ to the present.

________________ (date) I was given notice No.___ in accordance with Article 74 of the Labor Code of the Russian Federation about the introduction of a part-time working day (shift) and (or) part-time working week, which can be introduced for a period of up to six months.

I refuse to continue working part-time (shift) and (or) part-time work week, in connection with this I agree, in accordance with Article 180 of the Labor Code of the Russian Federation, to my early dismissal under clause 2 of Article 81 of the Labor Code of the Russian Federation, those. dismiss me due to reduction in headcount or staffing __________________ (date).

On the day of dismissal (the last working day of Article 84.1 of the Labor Code of the Russian Federation), I ask you to pay me:

  1. Severance pay - in the amount of average monthly earnings, Article 178 of the Labor Code of the Russian Federation;
  2. Compensation for unused vacation Article 127 of the Labor Code of the Russian Federation, in accordance with the Rules on regular and additional vacations approved by the People's Commissariat of Labor of the USSR on April 30, 1930 No. 169 and the Rostrud protocol dated June 19, 2014 No. 2;
  3. Wages for the period worked on the day of dismissal;
  4. Additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice period for dismissal, Article 180 of the Labor Code of the Russian Federation, from _____________________ to _________________________.
  5. All accrued but unpaid amounts for wages and other payments by the day of dismissal.

I also retain my average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

In exceptional cases, the average monthly salary is retained by me for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after dismissal the employee applied to this body and was not employed by it.

I ask you to consider my application and provide me with a decision on it within the time limits established by local regulations (hereinafter, LNA), which determine the procedure for the passage and consideration of documents in the organization.

If the employer does not have this LNA, I ask you to consider my application within a reasonable time, but taking into account the deadlines specified in the Labor Code of the Russian Federation, taking into account Article 62 of the Labor Code of the Russian Federation - no later than three working days, or Article 64 of the Labor Code of the Russian Federation - no later than than within seven working days from the date of submission or receipt of this application.

You submit your application in the following ways (your choice):

Through the secretariat, human resources (personnel) department of the organization, so that on the second copy you are given the incoming number and a mark from the official about the acceptance of this application;

By registered mail with registered receipt and a list of the contents;

Via courier service;

From the post office (we are talking about the post office, the main post office) by fax or by email(if you have an official email address).

Many employers do not even know what a shortened pre-holiday working day is. Meanwhile, this norm is regulated at the federal level in labor legislation and is mandatory for all enterprises without exception. By how much the pre-holiday working day is shortened and in what order - our article talks about all the nuances.

What does it mean to reduce working hours on a holiday?

The shortened pre-holiday day immediately precedes the onset of a public holiday. According to this privilege under stat. 95 the duration of work on the eve of an official holiday is reduced, but the salary does not become less. The benefit applies to all categories of specialists, namely:

    Employees arranged for a 5-day week.

    Workers employed 6 days a week.

    Specialists employed on a part-time or reduced-time basis.

    Employees included in the staff as part-time workers - internal or external.

It is impossible to reduce work time in organizations leading continuous activity for justifiable reasons. Employees of such institutions are not entitled to a shortened pre-holiday day, but overtime is compensated by one of possible ways at the individual's choice. In accordance with Part 3 of Art. 95, additional time off may be used or monetary compensation is paid, the amount of which is calculated according to the rules for calculating overtime payments. That is, at a minimum of double or one and a half times, depending on what day the employee works (stat. 152, 153 Labor Code).

How many hours is the pre-holiday day reduced by?

In part 1 stat. 95 it is determined that the reduction of the working day in pre-holiday days carried out for 1 hour. This standard applies to all employers and employees. Even if a person performs his duties not all day, but part-time (0.5, 0.25 or 0.75), he is entitled to a reduction in the number of hours of employment on the eve of the holidays. For example, a specialist is registered at 0.5 rates as an external part-time worker. In 2017, February 23 is a public holiday, and February 22 is a shortened day. A part-time worker works 5 hours twice a week in compliance with statutory standards. 284 TK. On the report card for February 22, 2017, the personnel officer will enter not 5 hours for such an employee, but 4.

If, according to the terms of employment, the employee will perform duties, for example, an hour a day, “0” should be entered in the column with the number of working hours on a shortened pre-holiday day. This will not constitute a violation and will confirm that the employer has reduced working hours on the pre-holiday day in accordance with the requirements of labor legislation. Additionally, you will need to complete a number of personnel documents. We figured it out How much shorter is the pre-holiday working day?, then we will find out in what situations this rule does not apply.

When is the pre-holiday day shortened and when not?

General duration of work on a pre-holiday day reduced by the employer by 1 hour. But if such a day falls on one of the weekends, the work schedule remains unchanged, that is, it cannot be reduced. To understand which days of the year are considered holidays and which are pre-holiday, you need to familiarize yourself with the production calendar. This is a special assistant for personnel officers and accountants, which contains data on public holidays, working hours and the number of days off/working days by month, quarter and year.

In such a calendar it is clearly visible How much shorter is the pre-holiday day?- dates are marked with asterisks. Additionally, information about postponed days off is displayed in order to increase the total duration of rest (based on Resolutions of the Government of the Russian Federation). But if one of the weekends is postponed and becomes a working day, the time of employment on that day is determined according to the working day schedule (stat. 95 of the Labor Code). For example, in 2018, April 28, that is, Saturday, was moved to April 30, that is, Monday, in order to lengthen May Day (Resolution No. 1250 of October 14, 2017). In this case, Saturday becomes a pre-holiday working day, reduced by 1 hour.

Length of working day on pre-holiday days - 2018

The list of official Russian holidays is regulated by stat. 112 TK. All public holidays are listed here. The work schedule for 2018 was developed taking into account the provisions of Government Decree No. 1250 of October 14, 2017, which takes into account the transfer of certain weekends. The table shows holidays and pre-holidays for 2018 for a 5-day week.

Public holidays in 2018

Shortened pre-holiday days in 2018

01.01.18-06.01.18, 08.01.18

Transfer to 2018 is provided for the following days:

    From 01/06/18 to 03/09/18 - from Saturday to Friday.

    From 01/07/18 to 05/02/18 - from Sunday to Wednesday.

    From 04/28/18 to 04/30/18 - from Saturday to Monday.

    From 06/09/18 to 06/11/18 - from Saturday to Monday.

    From 12/29/18 to 12/31/18 - from Saturday to Monday.

Note! According to Part 4 of Art. 95 of the Labor Code, with a 6-day week, the duration of a work shift on a pre-holiday date can be a maximum of 5 hours.

How to register a short pre-holiday day according to the Labor Code of the Russian Federation

According to Part 4 of Art. 91 every employer is required to organize reliable records of the time actually worked by staff. To do this, use a report card in the unified form T-12 or T-13 (Resolution No. 1 of 01/05/04) or you are allowed to create your own form, provided that all the required details are indicated in it. Days of attendance at the organization are marked with the code “I” or “01”, and the number of hours worked on pre-holiday days, according to the Labor Code of the Russian Federation, is subject to reduction by an hour.

Should I issue an order or not? Since according to the Labor Code, pre-holiday days are regulated on a general basis, you don’t have to fill out such a document. If the employer decides to issue an order, it certainly won’t be superfluous, as will drawing up an announcement about the company’s work schedule. Our separate articles tell you how to do this. If the enterprise operates continuously, the list of those employees who will have to work without reductions in the duration of the work shift (day) should also be approved.

In cases where the employer does not comply with the current requirements of labor legislation, this is regarded as a violation. Responsibility for such actions is provided for in the Code of Administrative Offenses in the form of penalties. To avoid labor conflicts with personnel, it is recommended to respect the rights of employees and the rules of relations with them.

Conclusion - we looked at how the working day is shortened on pre-holiday days in accordance with the requirements of Russian labor legislation. Reduction of working hours is not made on weekends, except in cases of official transfer of Saturday or Sunday to working days.

For an employee, working part-time at the initiative of the employer means that the company may have a reduction in staff. Many people prefer to quit on their own and look for a new place, while for others, a change in work schedule is only a temporary phenomenon.

Part-time work

Working time is the time that staff spends on performing professional duties. Its duration at the enterprise is established according to production needs and is fixed by local acts.

However, the Labor Code of the Russian Federation does not explain part-time work, so if necessary, you should refer to other regulations. Such a document is the Convention International organization labor. It says that part-time work is a period whose duration is less than the previously established norm.

When introducing part-time work, one of the following modes can be used:

  • reduction of working hours;
  • reduction of the working week;
  • shortened shifts with shortened weeks.

There are several categories of workers who can work part-time or a week. This is considered a full standard of work. We are talking about minors, disabled people, pregnant women, etc.

Salary

When working part-time, the income of subordinates decreases. The payment system does not play any role, since wages are paid according to hours worked or output. This reduction does not provide for any other restrictions.

For example, an employee who is set to work part-time at the initiative of his employer is entitled to the same amount of annual leave as if he were working full time. There are also no changes to the calculation of seniority. Average earnings with reduced working hours are always calculated on a general basis.

Employer initiative

Management may need to establish part-time work for various reasons. Most often this is due to economic problems in the company, when the employer chooses to reduce working hours or fire part of the staff. The manager has the right to transfer subordinates to a different work regime. The maximum period for such a change is 6 months.

Since the introduction of a shortened working day is a change in the terms of the employment agreement, it is necessary to adhere to the rules. The manager's actions must not violate the rights of personnel or worsen the situation of employees. An example is the fact that with a decrease wages it should not be less than the minimum wage.

Read also Procedure for applying for additional payment for irregular working hours

Decor

After the director has decided to reduce working hours, he needs to formalize everything correctly. To do this, he issues an order. Before drawing up the document, you should develop a labor and wage payment regime. The order on part-time work includes:

  • name of company;
  • date of compilation;
  • grounds for switching to part-time work on the employer’s own initiative;
  • shortened working hours;
  • operating mode that the manager considers acceptable;
  • additional instructions to the accounting and human resources departments.

An order for transfer to part-time work on the initiative of the boss is signed not only by him, but also by the chief accountant, head of the personnel department, etc. A sample order can be found on the Internet. The law does not establish the form of the order, so it can be anything. The main thing is to use a company form with the necessary details.

Next, the employer issues notices of transfer to part-time work. The notification must be issued no later than 2 months before the reduction in working hours. The boss is required to prepare and send the document to each employee individually.

Help: if the dispatch deadline is violated, the subordinate can obtain the cancellation of the order to transfer to part-time work. In modern judicial practice there are many similar cases.

The notice indicates the reasons for reducing the working day, deadlines, new work schedule, etc. The employer must indicate that if the person refuses to work in this mode, the contract with him is subject to termination. Each employee gets acquainted with the notice against signature, and the refusal is issued in accordance with the established procedure.

The Labor Code of the Russian Federation states that if a person refuses to work under changed conditions, an employment agreement is terminated automatically. But the employer has the right to independently decide on the dismissal of such a subordinate, so he can keep him in his position under the same conditions.

As for the additional agreement, there are no instructions on the need to formalize it in the regulations. But since the working conditions specified in the document change, it is advisable to further consolidate their changes.

To do this, the manager can conclude an additional agreement with each employee. agreement. In addition to information about the new operating mode, the document must contain the details of the parties. Signing it means that the employee agrees to continue labor activity.

If the introduction of part-time work does not need to be canceled in advance, then the manager is not required to draw up an additional local act. As for the timing, there are a number of nuances. For example, a new regime can only be established for six months. If the initial period was less than 6 months, then after its expiration management may extend the period to a maximum.

Read also Peculiarities of processing with summarized recording of working hours

The employer has no right to exceed this limit. This also applies to cases where the employer transfers staff to a normal work schedule, and after 1-2 months reintroduces restrictions, which is illegal. However, specific break periods between these periods are not specified in the regulations.

In practice, this is permitted if the reasons for introducing a new work schedule are different and the interval between periods exceeds several months. Let’s say that the first time the employer reduces working hours due to the reorganization of production, and the second time due to changes in the technological process. Changes must be made officially, and management can confirm this with documents.

Union participation

The union's opinion on this matter is necessary if company management introduces shortened schedules in order to prevent mass layoffs of personnel. Then the director, before reducing the number of days or hours, is obliged to send a draft regulatory document to the trade union.

Trade union employees must study the submitted papers and, within 5 days of receiving them, provide the sender with their informed opinion. If the trade union body does not agree with any points of the local act, it can propose changes to management. The employer makes a decision to change the document within 3 days.

If it is not possible to reach an agreement, the contradictions are formalized using a protocol. After this, the company's management can adopt a regulatory act and introduce changes to the operating mode on its own terms. But in this case, you should be prepared for the fact that the trade union will want to challenge the employer’s decision in court or the labor inspectorate. If the dispute is decided not in favor of the initiator, he will have to cancel the innovation.

Employment service warning

When an enterprise introduces shortened working hours, management must notify the employment service. This rule has been mandatory since 2009. The deadline is also set - 3 days from the moment the decision to make the reduction is made.

The employer draws up a notice, the unified form of which does not exist. Each director draws it up in any form, indicating the following points:

  • start and end dates of the part-time period;
  • the reasons why the organization needs to reduce the number of hours;
  • the number of subordinates forced to work according to the new rules.

Half-holiday - special form employment in which the employee has the opportunity to work part-time, that is, less time than required by labor legislation. In this case, the subject’s salary will be calculated on the basis of the full salary, even under the condition of a reduced schedule. Thus, the Labor Code of the Russian Federation does not provide for a definition of a shortened working day. This concept is given in the International Labor Convention No. 175 of June 24, 1994. At the same time, the Russian Federation has not ratified this legal act. However, the provisions of the convention are considered by Russian employers as recommended for use.

Definition of shortened working hours

Various types of working time are regulated by the following articles of the labor code:

  • standard schedule, eight-hour shift - st. 91 Labor Code of the Russian Federation;
  • reduced working hours - art. 92 Labor Code of the Russian Federation;
  • - Art. 93 Labor Code of the Russian Federation;
  • shortened work shift on pre-holiday days - art. 95 Labor Code of the Russian Federation;
  • overtime hours - art. 97 Labor Code of the Russian Federation.

It is important to understand the differences between part-time and short-time work, which is only available to certain categories of employees. Based on Art. 93 of the Labor Code of the Russian Federation, by agreement of both parties to the employment contract, the working day can be shortened. The code also provides several options for organizing work activities in a reduced time mode:

  1. Reducing working hours every day of the week.
  2. Reducing the number of working days, while maintaining the same duration of the work shift.
  3. Reducing the number of hours for carrying out job duties by a certain percentage (which percentage is determined by the employer), as well as reducing the number of working days per week.

Reduced amount of working time based on Art. 92 of the Labor Code of the Russian Federation is the norm for certain groups of citizens.

Differences between shortened working hours and part-time work shifts

For employees of the accounting or human resources department, there is a significant difference between the concepts. Thus, a shortened working day is considered to be such a frequency of work, in accordance with which the salary is fixed in full, but the number of working hours is reduced.

It is impossible to reduce the level of wages during officially reduced working hours, since such an action is illegal.

In the case of part-time work, payment is calculated based on the standard work schedule, but payments are made based on the time actually worked. So, If the employee works part-time, he or she does not have the right to expect to receive a full salary.

Categories of employees who are granted reduced working hours

Based on Art. 92 of the Labor Code of the Russian Federation, the groups of persons for whom a shortened day is the norm are as follows:

  • the working time of minor employees under 16 years of age is reduced to 24 hours a week;
  • for persons from 16 to 18 years old there is a limit of 35 hours per week;
  • disabled people of groups 1 and 2 have the right to work a maximum of 35 hours a week;
  • employees performing their job responsibilities in harmful and/or hazardous conditions, work a maximum of 36 hours per week.

Harmful conditions, according to the results of an expert assessment, should be rated at 3 or 4 degrees.

Also, on the basis of Art. 93 of the Labor Code of the Russian Federation, the employer can provide temporary part-time work to such subordinates:

  • women expecting a child;
  • one of the parents (or guardian/trustee) who is caring for a child under 14 years of age;
  • a person caring for a disabled minor;
  • a person caring for a seriously ill relative under a medical prescription.

The part-time work schedule is fixed for a specific period (determined by the employer by agreement with the subordinate), while the reduced work schedule (based on Article 92 of the Labor Code of the Russian Federation) is permanent.

Shortened working hours for pregnant women

In fact, a part-time working day is issued for pregnant women, the regime of which will be canceled when the woman returns from maternity leave to the standard performance of her duties. labor responsibilities. In addition, the pregnant employee will not be paid in full, as is typical for a shortened working day, but will be calculated based on the time actually worked in accordance with the definition of part-time work.

However, in practice, such work continues to be called “shortened,” which is not correct. Labor legislation protects expectant mothers on the basis of Art. 93 of the Labor Code of the Russian Federation (on part-time work shifts).

The same applies to shortened working hours for women with children under 14 years of age. This category of workers is entitled to a part-time work schedule in accordance with Art. 93 Labor Code of the Russian Federation. Payment will be made based on time actually worked.

Shortened day for minors, education and medical workers

When considering the features of the conditions of short-time work, it is advisable to consider, in addition to Art. 92, art. 94 Labor Code of the Russian Federation. It determines the immediate duration of the work shift. Thus, the following provisions can be distinguished:

  • for minor citizens from 15 to 16 years old - 5 hours a day;
  • for persons from 16 to 18 years old - 7 hours;
  • for subjects from 14 to 16 years old who are currently receiving education at technical schools or colleges, and combine it with work throughout the year - 2.5 hours;
  • for persons combining study and work, from 16 to 18 years old - 4 hours.

In addition to citizens under 18 years of age, special working conditions are provided for teachers and doctors.

Similar labor circumstances for persons associated with pedagogical activity, are enshrined in specialized standards created by the Ministry of Education and Science of the Russian Federation. Thus, for this category, a provision is fixed, based on which the number of working hours per week should not exceed 36. When determining the specific number of hours, the specialty and position of the subject are taken into account. In particular, a shortened week is expected for:

  1. Teachers and professors of universities and institutions involved in providing the population with additional education.
  2. Senior kindergarten teachers educational organizations, orphanages, as well as institutions providing additional education for young people.
  3. Social educators and psychologists educational institutions, children's camp counselors.
  4. Methodists and tutors (scientific supervisors or mentors).
  5. Managers of institutions involved in the physical education of children.
  6. Teachers providing pre-conscription training.

For persons involved in the implementation medical activities, the duration of the working day is determined in PP No. 101 dated February 14, 2003. The frequency of one work shift depends on the employee’s group. The resolution provides for three categories of doctors who can work 36, 33 and 30 hours a week, based on their place of work and position.

Shortened day for workers working in hazardous conditions

Based on Federal Law No. 426 dated December 28, 2013. working conditions are recognized as harmful based on an expert assessment of working environment factors. In particular, the influence of such factors on the workforce is studied.

Based on Art. 14 Federal Law No. 426, working conditions are divided into 4 classes. Thus, those conditions in which production factors do not have or have a weak impact on the health of personnel are recognized as acceptable. Harmful conditions imply a significant impact on the health of the subjects, which may later develop into a chronic disease.

Thus, a shortened day for such employees is provided in the amount of 36 working hours per week.

Procedure for registering a shortened working day

Shortened working hours presuppose a shorter period than required by law for the performance of labor duties. The main difference from part-time work is that shortened shifts are the norm for the listed groups of workers. It is understood that the availability of a shortened working day is established in the process of concluding an employment agreement and is formalized special point. The basis for this is that the subject has the required category and Art. 92 Labor Code of the Russian Federation.

It is also necessary to indicate for which of the reasons listed in the article the reduced working time is granted. For example, the age of the employee (up to 18 years) may be noted or the harmfulness of working conditions may be determined.

In addition to the employment contract directly with the employee, it is recommended to include a corresponding provision on the stipulated shortened day for some positions (relevant for a particular enterprise) in the collective agreement.

Upon agreement with the employer, a shortened working week is fixed in the contract. Next, a corresponding order for admission to the position is issued. It reflects:

  • Company name;
  • date of document execution;
  • the employee’s passport information, as well as his position and the department in which he will perform his duties;
  • grounds for reduced working hours;
  • frequency of weekends and breaks, as well as the duration of one working day;
  • the procedure for calculating and paying earnings;
  • presence or absence of a trial period;
  • information about the employment contract between the employer and subordinate;
  • signatures of the parties;
  • a note about the employee’s familiarization with the order, his personal signature proving this.

The procedure for payments for performing labor duties on shortened working days

Groups of subjects for whom such a schedule is standard have the right to claim the full amount of wages despite the smaller number of hours worked provided for by the general schedule.

A separate category includes employees who have not yet turned 18 years of age. When calculating wages for the specified group of persons, the reduced time is taken into account. That is, final payments to a minor subject will be made in proportion to the work schedule without taking into account age. However, the employer has the right to supplement payments to minor employees using the company’s personal funds.

Another nuance of this issue is the payment of wages to disabled people. Based on Art. 23 Federal Law No. 181 “On social protection disabled people in the Russian Federation" dated November 24, 1995, for citizens with increased needs of groups 1 and 2, a restriction is established - the number of hours devoted to work should be no more than 35 per week. Salaries are retained in full. However, if an employee with a disability of the specified group actually works less than 35 hours per week, his salary will be calculated based on the time worked.

Thus, a shortened working day according to the Labor Code of the Russian Federation can be provided to certain groups of employees. In addition, wages are retained in full, in contrast to part-time work. To avoid making mistakes, the employer needs to clearly distinguish between the understanding of these two phenomena, and also be informed about legislative framework, which details specific categories of workers eligible for a shortened shift.

The modern employer's dilemma looks like this: cut employees or cut their working hours? An experienced boss often chooses the latter. According to statistics, today every fifth officially employed citizen works a shortened working week.

Any labor relationship by law must be legally formalized. IN Russian Federation such norms are determined by the Labor Code. It also establishes the concept of a standard working week, the duration of which is 40 hours.

Regulations under the Labor Code of the Russian Federation

According to his 15th chapter, a shortened week is one in which net working time is less than 40 hours for permanent and seasonal subordinates. In this case, such a schedule must be legally formalized by the employer.

Please note that exceeding this number of working hours is unacceptable according to the Labor Code.

The only exception is work on a shift system, where the duration of work and the output schedule are fixed in the employment contract.

A reduction in working hours is not always a consequence of a crisis in a company. According to the Labor Code of the Russian Federation (Article 92), it is established in mandatory in such cases:

  • An employee hired under an employment contract has not yet reached 16 years of age. In this case, the maximum permissible number of working hours is 24.
  • For persons aged 16 to 18 years, the permissible number of working hours is 35.
  • For employees who have I and II disability groups, it is allowed to set up to 35 hours per week.
  • If working conditions have received 3 or 4 degrees of danger, permitted maximum amount hours - 35.
  • If the employee is a student in a working specialty - no more than half of the allowable time.

In addition to these requirements, a shortened week can be established at the initiative of the employer for any other category of employees in accordance with the Federal Law of 2006.

Workers are scheduled once a month, quarter or year. The employer undertakes to clearly keep records of the subordinate’s working time and prepare reports for the past quarter. According to the Labor Code of the Russian Federation, this indicator is the basis for calculating the amount of wages, vacation pay, sick pay, severance pay, and the like.

Does the employer have the right to introduce such a procedure?

Reducing working hours is normal practice in Russia. According to Article 92, the working week is shortened for disabled people based on age, for harmful working conditions, etc. In addition, the Federal Law of 2006 allows the employer to reduce time on his own initiative. It was he who laid the foundation for the legal right to reduce employees' output by transferring them to a less stressful work schedule.

The duration of the working day, shift or week is initially fixed in the employment contract, which is concluded between the employees and the head of the company. It is possible to change the terms of the agreement under the circumstances set forth in Article 74 of the Labor Code of the Russian Federation. All of them directly relate to the production process:

  • changes in the technological process of production, technology;
  • reorganization of production;
  • other changes.

Reduced working hours in this case are an alternative to staff reduction after the reorganization of the production process, as a result of which such a quantity of labor is no longer needed to complete the assigned tasks. If an employee refuses to switch to a new work schedule, the employment contract with him may be terminated with subsequent financial compensation.

The maximum allowable period of time reduction is 6 months, the employer is also obliged to coordinate any large-scale personnel changes of this type with the trade union organization.

Who is entitled to this by law?

At the request of an employee, the manager can set such work limits for him. According to Article 93 of the Labor Code, the employer is obliged to arrange a part-time/reduced week:

  • for pregnant women;
  • if an employee has a child under 14 years of age, one of the parents is allowed to register;
  • one parent of a child with a disability under 18 years of age;
  • if a subordinate is caring for a sick relative according to a medical certificate;
  • if an employee has taken parental leave while maintaining the right to receive state benefits, the rule applies to both parents or guardians in accordance with Article 256 of the Labor Code.

The employer can also make a proposal for reduction, using the same provisions of the Labor Code.

In addition, the management of the organization is obliged to change the cooperation agreement according to the age criterion: if the person engaged in labor activity is under 18 years of age or receives a pension benefit.

Registration procedure

A shortened week involves scrupulous preparatory work by the employer, consisting of several stages:

  1. Necessary issue an appropriate order about upcoming changes to the operating mode with legal and systemic justification. It is necessary to note all structural units that will be affected by the changes and highlight the new mode of operation. There is no national standard form of the document.
  2. Necessary notify employees. You can assign people responsible for notifying the team about upcoming changes. Official notification must take place at least two months before the planned changes in writing. Each employee must read the document against signature; this is the employer’s guarantee that his decision to transfer to a shortened week will not be canceled in court. If a person refuses to sign a notice, it is enough to draw up it in the presence of 2 more people
  3. Necessary inform the employment exchange no later than three working days after the introduction of changes to the work schedule. This is required by Article 25 of the state law of 1991. In case of violation of this clause, a fine may be imposed on the organization.

Some nuances of working hours and rest are discussed in the following video:

The nuances of remuneration

A decrease in working hours means a decrease in wages under any payment system. Even if you received a fixed salary, its size should decrease in proportion to the new output.

With this transition, employees are paid based on the hours worked or the amount of work completed, depending on the type of contract with the organization.

All other payments: sick leave, travel allowance, vacation pay, etc. remain in the same amount as specified in the contract. The unit for calculation is taken to be a fixed average daily wage as for the usual work schedule.

If the reduction in working hours did not occur at the initiative of the employer, but according to the law (Article 92 of the Labor Code), then the amount of wages does not change, despite the reduction in hours of activity.

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