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 obligatory for all enterprises without exception. How much the pre-holiday working day is reduced and in what order - our article tells about all the nuances.
What does it mean to reduce working hours on the day before the holiday?
The shortened pre-holiday day immediately precedes the onset of a public holiday. According to this privilege according to stat. 95 the duration of work on the eve of official rest is reduced, but the salary does not decrease. The privilege 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 basis.
Employees included in the staff as part-time employees - internal or external.
It is impossible to reduce the time of work in organizations conducting continuous activities for justified reasons. Employees of such institutions are not entitled to a shortened pre-holiday day, but processing is compensated by one of possible ways at the choice of an individual. In accordance with Part 3 of Art. 95 extra time off can be used or paid financial compensation, the amount of which is calculated according to the rules for calculating overtime payments. That is, at least in double or one and a half size, depending on what day the employee works (stat. 152, 153 of the Labor Code).
How many hours is the pre-holiday day reduced
Part 1 of stat. 95 it is determined that the reduction of the working day on pre-holiday days is carried out by 1 hour. This rule applies to all employers and employees. Even if a person does not perform his duties all day, but part-time (0.5, 0.25 or 0.75), he is entitled to a decrease in the number of hours of employment on the eve of the holidays. For example, a specialist is registered for 0.5 rate as an external part-time worker. In 2017, 23 February is a public holiday, and 22 February is an abbreviated day. The part-time worker works 5 hours twice a week in compliance with statistic norms. 284 TC. In the report card for 02/22/17, the personnel officer will put down 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 put 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 the working hours on the pre-holiday day in accordance with the requirements of labor legislation. Additionally, you will need to issue 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 the holiday is shortened and when not
General duration of work on the day before the holiday 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 production calendar... This is a special assistant to 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, you can clearly see how much shorter is the day before- dates are marked with asterisks. Additionally, information about the transferred days off is displayed in order to increase the total duration of the rest (based on the Resolutions of the Government of the Russian Federation). But if any of the days off is postponed and becomes a working day, the time of employment on that day is determined according to the working day schedule (article 95 of the Labor Code). For example, in 2018 April 28, that is, Saturday, was postponed to April 30, that is, Monday, in order to lengthen May Day (Resolution No. 1250 of 10/14/17). In this case, Saturday becomes a pre-holiday working day, reduced by 1 hour.
Length of the working day on pre-holiday days - 2018
List of official Russian holidays regulated by stat. 112 TC. All are listed here public holidays... The work schedule for 2018 was developed taking into account the provisions of the Government Decree No. 1250 of 10/14/17, which takes into account the transfer of certain days off. The table shows the holidays and pre-holidays for 2018 for a 5-day week.
|
State holidays in 2018 |
Shortened pre-holiday days in 2018 |
|
01.01.18-06.01.18, 08.01.18 |
|
The postponement in 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 TC at a 6-day week duration work shift on the pre-holiday date, the maximum can be 5 hours.
How a short pre-holiday day is formalized according to the Labor Code of the Russian Federation
According to h. 4 stat. 91 each employer is obliged to organize reliable accounting of the time actually worked by the personnel. To do this, use a timesheet according to the unified form T-12 or T-13 (Resolution No. 1 dated 01/05/04) or it is allowed to draw up your own form, provided that all the required details are indicated in it. The days of attendance at the organization are marked with the code "I" or "01", and the number of hours worked on the pre-holiday days according to the Labor Code of the Russian Federation is to be reduced by an hour.
To issue an order or not? Since according to the TC, pre-holiday days are regulated on a general basis, you do not need to fill out such a document. If the employer decides to issue an order, it will definitely not be superfluous, as well as drawing up an announcement about the company's work schedule. How to do this is described in some of our articles. At continuous mode the work of the enterprise should also approve a list of those workers who will have to work without reducing the duration of the work shift (day).
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. In order to avoid labor conflicts with personnel, it is recommended to observe the rights of employees and the rules of relations with them.
Conclusion - we examined how the working day is reduced on pre-holiday days in accordance with the requirements of Russian labor legislation. Reducing the working time is not made on weekends, except in cases of the official transfer of Saturday or Sunday to working days.
Shorter working hours is a special form of employment in which an employee has the opportunity to work part-time, that is, less time than is suggested by labor legislation. In this case, the salary of the subject will be calculated on the basis of the full salary, even if the schedule is cut. So, the definition of a shortened working day is not provided for in the Labor Code of the Russian Federation. This concept is given in the International Labor Convention No. 175 of 24.06.1994. At the same time, the Russian Federation did not ratify the specified legal act... However, the provisions of the convention are considered by Russian employers as recommended for use.
Determination of a shortened working day
Various types of working time are regulated by the following articles of the labor code:
- standard schedule, eight-hour shift - Art. 91 of the Labor Code of the Russian Federation;
- reduced working hours - Art. 92 of the Labor Code of the Russian Federation;
- - Art. 93 of the Labor Code of the Russian Federation;
- reduced work shift on pre-holiday days - Art. 95 of the Labor Code of the Russian Federation;
- overtime hours - Art. 97 of the Labor Code of the Russian Federation.
At the same time, it is important to understand the differences between part-time and shortened working hours, which are only allowed for 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 may be shortened. Also, the code provides several options for organizing work activities in reduced time mode:
- Cutting down on working hours every day of the week.
- Reducing the number of working days, while maintaining the same length of the work shift.
- Decrease in the number of hours for the performance of official duties by a certain percentage (which one is determined by the employer), as well as a decrease in the number of working days per week.
Reduced amount of working time on the basis of Art. 92 of the Labor Code of the Russian Federation for certain groups of citizens is the norm.
Differences between reduced working hours and part-time work shifts
For accounting employees or HR department there is a significant difference between the concepts. So, a shortened working day is considered to be such a frequency of work, in accordance with which wages are fixed in in full however, the number of hours worked is declining.
It is impossible to reduce the level of wages with officially reduced working hours, since such an action is illegal.
In the case of part-time work, pay is calculated based on the standard work schedule, but payments are made based on the hours actually worked. So, with an incomplete working day, the employee 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, groups of persons for whom a shortened day is the norm are as follows:
- labor time minors under the age of 16 are reduced to 24 hours a week;
- for persons from 16 to 18 years old, a limit of 35 hours per week is determined;
- disabled persons of groups 1 and 2 have the right to work a maximum of 35 hours a week;
- employees performing their job duties in harmful and / or dangerous conditions, work a maximum of 36 hours per week.
Harmful conditions, according to the results peer review must be graded 3 or 4.
Also, on the basis of Art. 93 of the Labor Code of the Russian Federation, temporarily incomplete work time the employer can provide such subordinates:
- women expecting a baby;
- one of the parents (or guardian / curator) who is caring for a child under 14 years old;
- a person caring for a disabled minor;
- a person caring for a seriously ill relative on 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 constant.
Shorter working hours for pregnant women
In fact, part-time work is being issued for pregnant women, the regime of which will be canceled when the woman returns from the decree to the standard performance of her work duties. In addition, a pregnant employee will not be paid in full, as is typical for a shorter working day, but will be calculated based on the actual hours worked in accordance with the definition of part-time work.
However, in practice, such work activity continues to be called "reduced", which is not correct. Labor legislation protects expectant mothers on the basis of Art. 93 of the Labor Code of the Russian Federation (on incomplete work shift).
The same goes for shorter working hours for women with children under 14. This category of workers is assigned a part-time work schedule in accordance with Art. 93 of the Labor Code of the Russian Federation. Payment will be made based on the hours actually worked.
Shortened day for minors, education and medical workers
Considering the features of the conditions of the abbreviated labor activity, it is advisable to consider, in addition to Art. 92, art. 94 of the Labor Code of the Russian Federation. It determines the immediate duration of the work shift. So, the following provisions can be distinguished:
- for minors 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 in currently get education in 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 who are under the age of 18, special working conditions are expected for teachers and doctors.
Similar labor circumstances for persons associated with teaching activities, are enshrined in specialized standards created by the Ministry of Education and Science of the Russian Federation. So, for this category, a provision is fixed, on the basis of 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. Specifically, a shortened week is intended for:
- Teachers and professors of universities and institutions involved in providing the population additional education.
- Senior children educators educational organizations, orphanages, as well as institutions involved in additional education of the young population.
- Social educators and psychologists educational institutions, counselors of children's camps.
- Methodists and tutors (scientific leaders or mentors).
- Managers of institutions dealing with physical education child population.
- Teachers providing pre-conscription training.
For persons engaged in the implementation of medical activities, the length of the working day is determined in the PP №101 of 14.02.2003. The frequency of one work shift depends on the employee group. The decree provides for three categories of doctors who can work 36, 33 and 30 hours a week, based on the place of work and position.
Shorter day for hazardous workers
On the basis of Federal Law No. 426 dated December 28, 2013. working conditions are recognized as harmful based on an expert assessment of the factors of the working environment. In particular, the influence of such factors on the labor force is investigated.
Based on Art. 14 ФЗ №426, working conditions are divided into 4 classes. So, those conditions are admissible in which production factors do not have or have a weak effect on the health of personnel. Harmful conditions imply a significant impact on the health of subjects, which can further develop into chronic disease.
Thus, a reduced day for such employees is provided in the amount of 36 working hours per week.
The procedure for issuing a shortened working day
Reduced working time implies a shorter period than required by law for the performance of labor duties. The main difference from part-time work is that shorter shifts are the norm for listed groups workers. It is understood that the presence of an abbreviated working day is established in the process of concluding an employment agreement and is drawn up in a special paragraph. The reason for this is that the subject has the necessary category and Art. 92 of the 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 provided. For example, the age of the employee (up to 18 years) can be noted or the harmfulness of working conditions can be determined.
In addition to the employment contract directly with the employee, it is recommended that an appropriate provision be made on the provided shortened day for some positions (relevant for specific enterprise) into the collective agreement.
Upon agreement with the employer, an abbreviated work week... Further, the corresponding order for admission to the position is drawn up. It reflects:
- Company name;
- date of registration of the document;
- passport information of the employee, as well as his position and department in which he will perform his duties;
- grounds for reduced working hours;
- the frequency of weekends and breaks, as well as the duration of one working day;
- the procedure for calculating and paying wages;
- the presence or absence of a trial period;
- data on the employment contract between the employer and the 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 the performance of labor duties on shorter working days
Groups of entities for which such a schedule is standard are entitled to claim the full amount of wages despite the lower number of hours worked, provided for by the general schedule.
A separate category is employees who are under 18 years of age. When calculating the salary for the specified group of persons, the reduced time is taken into account. That is, the final payments to a minor subject will be carried out in proportion to the schedule worked out, regardless of age. However, the employer has the right to supplement payments to minors using the company's personal funds.
Also, the nuance of this issue is the remuneration of disabled people. Based on Art. 23 ФЗ №181 "О social protection Disabled Persons in the Russian Federation "dated November 24, 1995, for citizens with increased needs of groups 1 and 2, a limitation is established - the number of hours devoted to work should be no more than 35 per week. Wage preserved in full. However, if an employee with a disability of this group actually works less than 35 hours a week, his salary will be calculated based on the hours worked.
Thus, a shorter working day according to the Labor Code of the Russian Federation can be provided individual groups employees. In addition, wages are kept in full, as opposed to part-time work. In order to avoid making mistakes, the employer must clearly distinguish between the understanding of these two phenomena, and also be informed about legislative framework, which details the specific categories of workers eligible for a shorter shift.
Part-time work- part-time mode, in which the employee works part-time (shift) or part-time ().
Incomplete schedule at the request of the employee
To work with a part-time organization can transfer any employee at his request (application) or by agreement of the parties to the employment contract. When establishing a part-time regime it is necessary to conclude with an employee an additional agreement to labor contract(Article 57.72 of the Labor Code of the Russian Federation)
In some cases, the organization is obliged to establish such a regime for an employee. This must be done at the request:
- a pregnant woman;
- one of the parents (guardian, curator) with a child under the age of 14 (a disabled child under the age of 18);
- an employee who takes care of a sick family member in accordance with a medical report.
Employees to whom the employer is obliged to establish a part-time schedule can express their wishes for the work schedule. For example, a pregnant employee has the right to ask that her working day start two hours later than other employees. The employer, in turn, is obliged to take into account the wishes of such an employee. In this case, the employer makes a decision on the work schedule taking into account the specifics of production.
The employer is obliged to establish an incomplete schedule for any period convenient for the employee. But not more than for a period of circumstances due to which the employee was introduced to part-time work. For example, if an employee asked for an incomplete work schedule due to caring for a sick family member, the maximum period for which the employer is obliged to establish such a schedule is the period of illness of the family member the employee is caring for (Article 93 of the Labor Code of the Russian Federation).
The current legislation does not provide for a specific duration of working hours with an incomplete schedule. Set up a work schedule as agreed with the employee. In this case, the working day can be divided into parts. For example, an employee works three hours in the morning and one hour in the evening. This follows from Article 93 of the Labor Code of the Russian Federation.
Incomplete schedule initiated by the organization
The organization can introduce part-time work on its own initiative (taking into account the opinion of the trade union - if available in the organization). This is allowed during the period of organizational and technical measures that entail significant changes in working conditions. If such changes can lead to massive layoffs, the administration has the right to establish a part-time regime for up to six months. This limitation is provided for by part 5 of the Labor Code of the Russian Federation.
Employee's statement on the establishment of a part-time regime
Director
LLC "Gasprom"
A.V. Ivanov
from the chief accountant
A.S. Petrova
STATEMENT
on the establishment of a part-time working regime
On the basis of Article 93 of the Labor Code of the Russian Federation, in connection with the current family circumstances (long-term illness of the child), I ask you to allow part-time work from 17.02.2018 (with the establishment of a working week from Monday to Thursday) until the reasons that caused this need are eliminated.
16.01.2019 . . . Petrova... ... ... ... ... A.S. Petrova
How to apply for a part-time worker
Part-time work is special treatment work. You will find out how to arrange it correctly and in what order it is paid in the article.
Does part-time work limit the employee's labor rights?
No, it doesn't.
Are part-time and shortened working hours the same thing?
No, these are different working hours.
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Is an extra day off for a part-time work week considered a day off?
Yes, it does. Did you need to set up a part-time job for one of the employees? Then it must be remembered that such a mode of work determines a special procedure for remuneration. Therefore, it is very important to draw up all personnel documents without errors. But do all of you remember when and which employees have the right to work like this? And do you know what difficulties you can face while doing this?
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Who is eligible for part-time work?
Pregnant women have the right to work part-time. They are assigned the following work regimes:
- reduced duration of daily work (shift) by a certain number of hours on each day of the working week;
- reduced number of working days per week with normal duration of daily work (shift);
- reduced duration of daily work (shift) by a certain number of hours with a reduced number of working days per week.
The daily work of women in certain types of work can be divided into parts. At the same time, the recommended minimum duration of work is at least four hours a day and at least 20-24 hours a week (for a five- to six-day week). Also, depending on the specific working conditions, women can be set for a different working time. Other categories of employees may also work part-time. At the same time, it is important not to confuse this mode of operation with reduced working hours.
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| Who is part-time | Conditions for the provision of part-time work | Legislative act |
|---|---|---|
| A pregnant woman | Part one |
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| One of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18) | The employer is obliged to establish at the request of the employee | Part one, Art. 93 of the Labor Code of the Russian Federation |
| An employee caring for a sick family member | The employer is obliged to establish, at the request of the employee and in accordance with the duly issued medical certificate | Part one, Art. 93 of the Labor Code of the Russian Federation |
| An employee undergoing training in an organization and performing work under an employment contract | The employer can establish by agreement with the employee | |
| Postgraduate student studying in graduate school in correspondence form learning | The employer is obliged to establish one day off from work a week with payment in the amount of 50 percent of the received wages, but not less than 100 rubles. | Clause 7 of Art. 19 Federal law dated August 22, 1996 No. 125-FZ "On higher and postgraduate professional education" Note: Canceled. See 273-FZ "On education in the Russian Federation" |
| An employee on parental leave | The employer is obliged to establish at the request of the employee | Part three; Federal Law of December 29, 2006 No. 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood" |
| All employees, if a change in organizational or technological working conditions may lead to their mass layoff | The employer has the right to establish such a regime, taking into account the opinion of the trade union, for a period of up to six months. | , |
When establishing part-time work for an employee with a child under 14, does the employer have the right to demand a certificate or other document on the working hours of the second parent?
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How part-time work differs from shortened
| Criterion | Reduced working hours | Part-time work |
|---|---|---|
| Salary | In the amount provided for normal working hours | In proportion to the time worked or depending on the amount of work performed |
| Establishment procedure | Mandatory for the employer. Established by the Labor Code and other laws | Established by agreement between the employee and the employer, the initiative can belong to either party |
| Working hours | Established by federal laws | Installed by agreement of the parties |
| For whom it is applied | For certain categories of workers in need of increased labor protection measures (minors, disabled people, pedagogical and medical workers and etc.) () | No restrictions are established by law |
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How to pay for a part-time, part-time employee
If an employee works part-time, then this should be paid as follows. Calculate wages in proportion to the time worked or depending on the amount of work performed (part two of article 93 of the Labor Code of the Russian Federation). In a similar way the average earnings of an employee for temporary disability benefits, maternity benefits and monthly childcare benefits are also determined.
Irina M. works part-time and receives a salary depending on the amount of work performed (50 rubles for one part). In March, an employee produced 350 parts on the machine. Thus, her salary this month will be 17,500 rubles. (350 x 50).
If the employee has worked large quantity hours, this will be considered overtime. Therefore, the first two hours must be paid in at least one and a half amount, and the next hours - at least in double the amount ().
You can demand from the employee a document confirming the basis for part-time work (for example, a certificate from antenatal clinic about pregnancy)
Senior economist Galina S. with a part-time work week (36 hours a month) receives 30,000 rubles. per month. On March 12, she was called to work overtime for three hours. Let's calculate the amount of the surcharge according to the following formula:
E = (S: V x 1.5 x 2) + (S: V x 2 x (P - 2)), where
S - the size of the monthly salary;
V is the number of working hours in March with a 36-hour work week;
P is the duration of overtime work.
Thus, the surcharge was 1,000 rubles. = (30,000: 150.2 x 1.5 x 2) + (30,000: 150.2 x 2 x 1).
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How to make a transition to part-time work, an order, an additional agreement
The mode of part-time work (part-time working week, part-time working day (shift)) is established in the employment contract. Therefore, to begin with, on the basis of the employee's application, you need to draw up an additional agreement to the contract.
Note: Download the employment contract. An employee is set to work part-time
Be sure to reflect in it (part one):
- days of the working week;
- duration of daily work (shift);
- start and end time of work;
- break time.
If, according to the terms of work, it is impossible to comply with the daily or weekly working hours (for example, an employee works on a sliding schedule), set up a summarized accounting of working hours and determine the appropriate accounting period (month, quarter, etc.) (part one).
Elena P. works part-time. In the first and third week of the month, she works 20 hours, and in the second and third - 28 hours. Thus, she works 96 hours a month. Elena has a summarized accounting of working hours with an accounting period of one month. An employee's salary for one hour of work is 150 rubles. Consequently, its size per month will be equal to 14,400 rubles. (96 x 150).
Then, on the basis of the additional agreement concluded, issue an order on the establishment of part-time working hours. Insofar as unified form there is no this document, you can compose it in free form. It is not necessary to make any entries in the employee's work book.
Limited Liability Company "Gasprom"
TIN 7708123456, KPP 770801001
full name of the organization, identification codes (TIN, KPP)
ORDER No. 256
on the establishment of a part-time working regime
Moscow 01/30/2017 In accordance with Articles 93 and 173 of the Labor Code of the Russian Federation, I ORDER:
1. Set from February 2 to March 31, 2017 to the manager A.S. Kondratyev is part-time for the period before the start of the graduation project and the passing of state exams.
A.S. Kondratyev has the following working day schedule:
- start - 8.30;
- ending - 15.50;
- lunch break - 12.00-13.00.
2. Bookkeeping wages A.S. To produce Kondratyev in proportion to the hours actually worked.
Reason: statement by A.S. Kondratyev.
General Director ______________ A.V. Ivanov
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How to set up part-time work
Experts' opinions
- Working on a part-time basis does not entail any limitations of its labor rights ... The duration of the main annual paid leave, work experience, the right to childcare allowance and sick leave payment are preserved.
- In case of a part-time work week, an additional day of rest is a day off for the employee. You can attract an employee to work on this day only with her written consent (). It is forbidden to involve pregnant women in labor these days (part one).
- Part-time set v additional agreement to the employment contract employee on the basis of his written application. Then, in accordance with this agreement, the employer needs to issue an order establishing an individual regime for the employee. Just remember that no entries in work book you do not need to do this.
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Calculation of BENEFITS for BIR, child care, sick leave
How to determine the average daily earnings for calculating hospital benefits based on the minimum wage for a part-time employee
When calculating the hospital allowance from the minimum wage to an employee who at the time of the onset insured event a part-time mode is established, the average daily earnings are determined in proportion to the employee's working time (Law of December 29, 2006 No. 255-FZ). To calculate, use the formula:
Average daily earnings if part-time is set for an employee
Minimum wage
Installed to an employee in part-time mode
------------
Working hours per day (week) at normal working hours
Calculate the daily allowance taking into account the employee's insurance record:
Day allowance
Average daily part-time earnings
Benefit as a percentage of the average daily earnings employee
(100%, 80%, 60%)
How to calculate the BI allowance for an employee who has a part-time job
According to the general rules. If the average monthly earnings are at the start date of maternity leave, then the allowance is calculated based on the minimum wage, taking into account the duration of working hours.
To calculate the maternity allowance, you need to calculate the average daily earnings. As a general rule, it is defined as follows: divide total amount earnings that are accrued for the billing period and are subject to contributions to social insurance, in the amount calendar days in the billing period. This rule is also used to calculate the average daily earnings of employees who are assigned part-time working hours (part 3.1 of article 14 of the Law of December 29, 2006 No. 255-FZ, paragraphs 15, 15.2, 16 of the Regulation approved by the Government of the Russian Federation of June 15, 2007 No. 375 ).
If a woman worked part-time, her average monthly earnings may be less than the minimum wage established on the date of the start of maternity leave. In this case, to calculate the average daily earnings, you need to use the minimum wage. The value of the minimum wage itself is reduced in proportion to the duration of the employee's working time. This procedure is provided for by part 1.1 of article 14 of the Law of December 29, 2006 No. 255-FZ, paragraph 15.3 of the Regulation approved by the RF Government decree of June 15, 2007 No. 375.
An example of calculating maternity benefits for an employee who is assigned part-time work
E.I. Ivanova works at 1/2 rate. In July 2018, Ivanova goes on maternity leave. The estimated period is 2016–2017. By the time the maternity leave began, the employee's total insurance experience had exceeded six months, so the benefit is calculated based on her actual earnings. The calculation period has been fully worked out. There were no days excluded from the billing period.
Ivanova's actual earnings were:
- for 2016 - 80,000 rubles;
- for 2017 - 90,000 rubles.
We check whether the average earnings of Ivanova for a full calendar month Minimum wage.
The average monthly salary of an employee for the billing period was:
(80,000 rubles + 90,000 rubles): 24 months = 7083.33 rubles / month
The value of the minimum wage as of the start date of maternity leave is 9489 rubles. But since Ivanova at that moment worked at 1/2 rate, this value must be reduced.
The amount of the minimum wage calculated based on the employee's working hours is: 9489 rubles. : 2 = RUB 4744.50
Thus, the average monthly earnings of an employee in the billing period in terms of full month(7083.33 rubles) is more than the minimum wage as of the date of the start of maternity leave (4744.50 rubles). Therefore, when calculating the allowance, we determine the average daily earnings based on the actual earnings received:
170,000 rubles: 731 days. = 232.56 rubles / day
The total amount of the maternity allowance was: 232.56 rubles. × 140 days. = 32,558.40 rubles.
Is it necessary to reduce the childcare allowance if during the billing period the employee worked on a part-time basis.
Usually, the length of the working day does not affect the amount of the parental allowance for a child under 1.5 years of age. The payment depends only on the average daily earnings for the last two calendar years preceding the start of parental leave. This follows from the provisions of the Law of December 29, 2006 No. 255-FZ.
And only if the average monthly wage in the billing period is below the minimum wage, the benefit is calculated based on the minimum wage. Whether to apply in this case part-time ratio, depends on what working conditions the employee had at the time of the start of the vacation. If he worked full time, the coefficient does not apply. Adjust the minimum wage in proportion to the working time, only if there was a part-time regime before the vacation.
An internal part-time worker can work in his organization in the same position as in the main job, especially part-time work.
can be installed in the organization only in exceptional cases. At the same time, the legislation provides for a special procedure for warning workers about the upcoming change, limits the duration of a short working week and establishes the specifics of calculating wages in this situation. Let's get acquainted with these aspects in more detail.
Normal working week
The law defines the basic standards for working conditions of a working person. These include: the duration of the minimum paid vacation, the duration probationary period, minimum size salaries and, of course, working hours.
Working time is the period when an employee fulfills his job duties. The employer should keep track of the time worked by each employee.
In accordance with Art. 91 of the Labor Code, the standard for the duration of a 7-day work day is 40 hours, that is, an 8-hour work day with a workload of 5 days a week. Along with this, workers in creative professions, for example, filmmakers, theater workers, perform their job functions on an individual basis. daily schedule, as agreed in the internal documents of the enterprise.
Reduced working hours and part-time work
In addition to the standard duration of working days, the Labor Code contains definitions of “reduced hours of work” and “part-time work”. In fact, these are similar work circumstances, which represent the duration of the work process less than the statutory standard.
Reduced working hours apply to certain groups of employees who, due to their age, physical features or the specifics of working conditions, it is difficult to fulfill official duties throughout the established standard of the working week. The employer is obliged to reduce the standard working hours for these workers.
Part-time work can be applied both to the working week and to the working day and is determined by agreement between the employee and the management of the organization. Only for some employees (for example, pregnant women) does the employer have an obligation to assign them part-time work, but also only at the request of the employee.
The length of the working day or week is one of the conditions of the employment contract between the employee and the management of the organization. With regard to the reasons due to which the employment conditions established in the contract are changed, the law provides the following.
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In accordance with Art. 74 of the Labor Code of the Russian Federation to change previously agreed working conditions possible in the event of upcoming organizational or technological changes, such as:
- changes in the technique or technology of the production process;
- regular reorganization of production;
- other changes.
If the agreed reforms are capable of leading to large-scale layoffs of employees, the management of the enterprise, in order to preserve jobs, is entitled to establish the procedure for part-time work (shift, day or week), having coordinated such changes with the trade union organization.
The law allows to reduce working days for up to six months. If the cancellation of the reduced working time is supposed to be earlier than the specified for this day, the opinion of the trade union must be taken into account.
In the event that the worker does not agree to work part-time, the employment contract with him may be terminated. The reason for dismissal in this situation will be staff reduction. In this case, the reduction procedure must be followed. The employee must be listed all monetary payments that are established by law as compensation for redundancy.
How to arrange a shortened working week at the initiative of the employer
Shorter working week involves a rigorous preparatory procedure. In this case, each stage is drawn up in writing.
So, in order to establish a part-time work regime at an enterprise, you need:
- Issue an order for the organization on the upcoming changes in the working environment.
The order must contain a systemic justification for the need for the declared changes; be listed structural units enterprises that will be affected by these innovations; clarified the specific mode of operation during the shift, day or week. In addition, the order must contain the date of commencement of work in the new regime and the period for which it is introduced in the organization. The document should establish those responsible for the notification of the team of employees. There is no strict statutory form for such an order, therefore, an order for an enterprise is drawn up in a free form, in a form that is usual for such documents in a particular organization.
- Notify employees.
Each employee who will be affected by a change in the work schedule must be notified about this 2 months before the upcoming changes. This is very important stage transition to new order work, since non-compliance of this condition can lead to judicial annulment an order on part-time work with the recovery of the difference in wages. Therefore, the notice of changes must be in writing. Each employee must sign for the change notice with the date of receipt. If the employee does not want to sign the notification, you need to prepare an act of this in the presence of 2 witnesses.
- Inform the employment exchange.
In accordance with paragraph 2 of Art. 25 of the Law "On Employment of the Population in the Russian Federation" dated April 19, 1991 No. 1032-1, within 3 days from the date of the decision to establish part-time work in the organization, the employment service must be notified of this. If the employment authorities are not notified within the statutory deadline, a fine is possible in accordance with administrative law.
Remuneration for a shorter working week
A decrease in the duration of working hours at the initiative of the employer, despite the natural increase in the rest period, is not very beneficial for employees, since in mandatory the size of wages is decreasing. Rostrud in a letter dated 08.06.2007 No. 1619-6 specifically draws attention to the fact that with a reduction in the duration of working hours, the size of the salary is reduced under any payment system (salary, tariff rates, mixed payment system).
When working under conditions of reduced working hours, labor is paid based on the actual hours worked or the amount of work produced.
Meanwhile, part-time work should not affect the duration of vacation, other labor guarantees. Average daily pay for payments on sick leave, travel allowances, vacation pay are calculated in the usual manner, despite the fact that during the billing period the employee had a change in working conditions.
It is important to distinguish between a shortened working week initiated by the employer and a shortened working week by virtue of the law (Article 92 of the Labor Code of the Russian Federation). In the latter case, the reduction in working time does not affect wages, but is the responsibility of the employer. These categories of workers receive the same wages as those working full-time.
Transferring employees to a part-time work week is a measure necessary to save the company's funds. As a rule, it is relevant in times of financial crisis. With a shortage economic resource the employer has two options for solving the problem: either a reduction in staff, or a reduction in the working week and a commensurate reduction in spending on wages. The latter is more preferable.
According to Convention No. 175 and Regulation of the State Committee for Labor No. 111 / 8-51, a week is considered incomplete if it lasts less than 40 hours. Transfer to a part-time week at the initiative of the employee and at the initiative of the employer are procedures that differ significantly from each other.
The transition to a new regime at the initiative of workers
The employee has the right to ask the employer to reduce the work schedule. To do this, you need to send a corresponding statement to the director. The transition to a part-time week can be done in three ways:
- Reducing the duration of each working day.
- Reducing the number of shifts per week while maintaining the length of the working day.
- A combination of these options.
In the application, the employee must indicate which particular scheme for reducing the regime is preferable for him. You also need to register the following information:
- Preferred shift duration.
- Duration of the new regime.
- The date the schedule was introduced.
Article 93 of the Labor Code of the Russian Federation provides a list of employees whom the employer cannot refuse to transfer for a partial week:
- Pregnant women.
- Parents of a child under 14 years old or under 18 years old if he has a disability.
- A person in whose care is a relative with a serious illness.
- Parents of a baby up to 1.5 years old.
If the employer refused to reduce the work of these categories of employees, they can challenge this decision in the court. After the manager has received the application, he must discuss the future work schedule with the employee. Based on the results of the agreement, an agreement is drawn up, which is attached to the employment contract. The agreement must be drawn up in duplicate. Each of them bears the signatures of the employee and employer.
NOTE! There are no restrictions in the legislation regarding the reduction of the working week.
Transfer for a part-time week at the initiative of the employer
An incomplete week can be entered either when an employee is hired, or when there is already a specialist on the staff. The introduction of the schedule in question is quite convenient for the employer. This is the preferred option in relation to staff reduction. When carrying out the procedure, it is required to be based on the current regulations.
It makes sense to introduce a part-time work week in the following cases:
- New equipment was put into operation at the enterprise.
- There was the introduction of various developments, including those obtained as a result of scientific research.
- Reorganization completed.
- The company has changed its profile.
- New methods of control and planning were introduced.
- Production management has changed.
- Workplaces have been improved after certification.
IMPORTANT! Do not confuse the concept of "shortened" and "incomplete" week. Reduced working hours - 36 hours per week instead of 40 (24 for underage employees) - is provided for special working conditions or special categories of workers. And incomplete can be arbitrary and is established by agreement, both during employment and then.
When introducing a new schedule, the employer must coordinate his initiative with the trade union. For this, it is required to draw up an appropriate draft order. The document contains the following information:
- The deadline for the introduction of the new schedule.
- The form of the regimen (reduction of hours or days).
- Employees for whom the schedule is being introduced.
- Basis for innovation.
The union is obliged to prepare a written response within five days. The employer must heed the opinion of the institution. However, he has the right to go against the union. But it must be provided that union employees have the right to apply to the labor inspectorate or the judiciary.
IMPORTANT! A part-time work week is introduced for a limited period. The maximum period is six months, which is established by part 5 of article 74 of the Labor Code of the Russian Federation.
When approving a new schedule, the following rules should be kept in mind:
- Employees should receive appropriate notifications 2 months before the introduction of the new schedule.
- Payment is made in proportion to the hours worked. That is, the company reduces the cost of paying salaries.
- Work on a reduced schedule is included in the length of service.
- Such work does not affect the duration of the vacation or the provision of other guarantees.
Shifting to an incomplete week - this usually means another day off. These days will not be paid.
- The schedule of reduced working hours is not displayed in any way in the work book.
- These employees receive hospital, maternity, vacation and other payments in full, without reductions.
- Change order staffing table publishing is optional.
- It is allowed to hire another part-time employee with the same incomplete work schedule, or you can arrange for a combination with another employee.
In addition, with part-time workweeks, employees lose the right to a “short” day before a holiday or weekend.
What if the employees don't want to?
Employed personnel have the right to disagree with the requirements of the employer. No one can force a person to work on a different schedule if he does not want to. However, the legislation does not require the authorities to take into account the will and seek the consent of workers to introduce a part-time working week, but only to notify in advance. What response options does an employee have who is categorically not satisfied with such a schedule?
- Leave work on on their own or by agreement of the parties.
- To be dismissed due to a reduction in the number or staff (at the initiative of the employer).
Part-week transfer procedure
Consider the procedure for establishing innovations at the initiative of an employee:
- Receiving a statement from an employee.
- Drawing up an order for an incomplete schedule.
- Drawing up a supporting agreement with the relevant information, which is attached to the employment contract.
The procedure for approving the schedule at the will of the employer:
- Drawing up a draft order.
- Referral of the project to the trade union.
- Notifications of schedule changes are sent to employees.
- Issue of the corresponding order.
- Sending a notice of a change in the schedule to the employment center.
The notice must be sent to the job center within three days of the approval of the decision. If the employer does not do this, he will be liable in the form of a fine. The head will have to pay 300-500 rubles, the company - 3,000-5,000 rubles. The changed data must also be sent to the statistics authorities. This is a mandatory measure for all companies with more than 15 employees. Information must be sent to the statistics authority by the 8th day of the month following the reporting quarter.
Features of drawing up an order for approval of an incomplete week
When introducing an incomplete week, an order must be issued. It is drawn up in free form, but it must necessarily reflect the following information:
- Basis for innovation.
- The shape of the graph.
- Length of the working day.
- Duration of lunch break.
- The duration of the schedule.
- The composition of employees or departments in respect of which an incomplete week is introduced.
- Features of the calculation of earnings.
- Forms of payment of funds.
The order must be signed by all key persons of the company: the manager, the chief accountant, the manager of the personnel department, the employee in respect of whom the schedule is being introduced.
IMPORTANT! If a schedule is introduced in relation to a specialist who gets a job in the company, this must be recorded in the order for the employee's appointment.
What not to do when introducing a part-time work week?
The new schedule must comply with the law. The employer should keep in mind the following prohibitions:
- Introduction of an incomplete week for a period exceeding 6 months.
- Application of the schedule: rest for a week, work for a week.
- Introduction of a "floating" schedule. A "floating" schedule means an unequal number of hours in a week.
The employer is not advised to contradict the opinion of the union. This can be done, but disagreements are fraught with a court or verification by the labor inspectorate. The manager should keep in mind that he cannot introduce a schedule that is contrary to the rights of workers. This is a violation of the law.
Legislative innovations regarding part-time work
In 2017-2018, some changes were made to the laws regulating working hours, including incomplete ones.
- From June 26, 2017, you can install not only part shift or a part-time working week, but also to reduce the daily duration of the working day (Article 93 of the Labor Code of the Russian Federation).
- The law allowed the employer not to arrange lunch breaks if his staff works on a shorter schedule with a working time of no more than 4 hours a day (Article 108 of the Labor Code of the Russian Federation).
