Shortened working week according to the Labor Code. Transfer to part-time work

Talks about introducing a four-day working week have begun to be heard more and more often - they are being spurred on by the pandemic. As Deputy Chairman of the Russian Security Council Dmitry Medvedev said, “this idea is valuable in itself,” since a person needs “more space in order to live and relax.” But not to the detriment of economic development. Some experts believe that this is not a matter of the near future. Is it possible in Russia to shorten the working week or even the working day, what conditions should exist for this, in which areas this transition has already occurred and how remote work contributed to it, Izvestia looked into it.

What the law says

The working week cannot exceed 40 hours - this is stated by Russian legislation. Moreover, this is true for both a five-day and a six-day working week. For the first case, the working day is limited to 8 hours, but in the second case, each employer sets the regime individually, taking into account the fact that the day before the weekend should not exceed 5 hours.

Based on legal standards, other operating modes can be calculated.

But at the same time, a shortened working week may be established for certain categories of employees.

How to pay

The issue of payment for shortened time is more relevant than ever. After all, the employee has not worked the generally accepted standard, how much should he be paid?

Officials have determined the following rules. Thus, for an employee for whom reduced time is established by federal law, full payment is established. In simple words, such an employee will receive the same as for a fully worked standard. After all, the provisions of the Letter of the Ministry of Health and Social Development of the Russian Federation dated May 11, 2006 No. 12918/MZ-14 determine that it is for such workers that shortened work shifts (days) are the norm. And therefore, there can be no talk of any reductions in wage conditions.

Example #1

The doctor's salary is 50,000 rubles per month. The norm is 39 hours a week.

After working all 39 hours, the doctor will receive a full salary - 50,000 rubles.

Example No. 2

The cleaning lady's tariff rate is 15,000 rubles. The organization is located in a rural area.

After working 36 hours, the employee will receive a full salary of 15,000 rubles.

Shortened working week

A shortened work schedule implies that the employee will actually work fewer hours compared to the usual schedule for the same period of time. According to Article 92 of the Labor Code of the Russian Federation, a shortened working week is established for the following categories of persons:

• under 16 years of age (they must work no more than 24 hours a week);
• over 16 years of age, but under 18 years of age (they are required by law to work no more than 35 hours);
• having a disability of 1 or 2 groups (the work activity of these persons should not exceed 35 hours);
• workers whose working conditions are determined to be dangerous or harmful to health (in this case, the work week cannot exceed 36 hours).

This list is not final. It can also be supplemented with facts from federal legislation. For example, the reduced working week for teaching staff is 36 hours, and for medical workers - 39 hours. At the same time, there is a decree of the Government of the Russian Federation, which presents a list of specialties of medical workers and types of medical institutions for which the working week has been reduced to an even greater extent.

How to extend shortened operating hours

Shortened working hours may be extended to the standard hours (40) specified in Art. 91 Labor Code of the Russian Federation. However, this requires simultaneous compliance with 3 conditions:

• there is the consent of the employee himself;
• the opportunity to do this is provided for in the collective agreement and/or industry regulations;
• the initial reduction in time is due to the circumstances set out in paragraph. 5 hours 1 tbsp. 92 of the Labor Code of the Russian Federation, i.e. negative factors that occur during work.

These hours added above the reduced standard should be considered overtime and additionally compensated to the employee. The procedure will be similar to the registration and recording of overtime hours.

Read additionally the article “When is it permissible to engage an employee to work overtime?”

Payment Features

A work week of this type will be paid as a full week, but subject to some exceptions. A shortened working week according to the labor code for minor workers will be paid according to the time actually worked or the amount of work performed. In other words, work is paid in proportion to these indicators.

But, despite legal regulations, the employer has the right to make additional payments to its employees who are working short-time. In particular, he can pay for work at the same rate that full-time employees receive, but under certain conditions.

How should additional funds be paid if an employee has a reduced work week? Payment must be made as remuneration for overtime work.

How does an incomplete week despair of a shortened one?

In some cases, an employee may be given a part-time work week. But this concept differs significantly from the concept of “shortened working week”.

With an incomplete week, payments are made based on the time worked and work performed, and with a reduced time, the work week can be considered full for certain individuals and paid in full. Further, to assign a part-time work week, mutual consent of both parties or the employee’s initiative is sufficient; a shortened week is provided to a specific group of people.

An incomplete week can be introduced if the employer is contacted:

• an employee in a situation;
• one of the parents of a child under 14 years of age;
• one of the parents of a disabled child under 18 years of age;
• a person who cares for a sick relative, providing a corresponding certificate from a medical institution.

The manager can organize a part-time work week only on the basis of an application from the indicated persons.

At the same time, there should not be an entry in the work book that the employee has a shortened work week or part-time work.

Changing work schedules in “1C: Salary and HR Management 8” (rev. 3)

If a change in work schedules does not occur on the first day of the month, then the standard working time for the month in which the change in work schedule occurred should be calculated according to the rules established by the organization’s wage regulations: either in two parts separately according to the work schedules before and after the change, or combining parts of different graphs into a single one.

In the 1C: Salary and Personnel Management 8 program, edition 3, the choice of option is set in the Settings menu - Payroll calculation with the switch. When the time standard changes due to a change in the work schedule not from the first day of the month, consider the time standard in one of two positions:

• Based on work schedules before and after the change;
• Based on individual work schedule.

However, in fact, the method for calculating the standard time is determined by the presence or absence of the Individual Schedule document (menu Salary - Individual Schedules). Even if the option Based on work schedules before and after the change is selected, but the Individual schedule is filled out, the calculation is made based on the standard time according to the Individual schedule. Conversely, in the absence of an Individual schedule, the calculation is made based on the work schedules before and after the change.

Please note that if one of the schedules contains a part-time setting, using the Individual schedule will distort the result. The reason for the distortion is that the Individual schedule does not take into account part-time work.

Example 2

From February 1 to 9 at M.S. Gorbunkov was assigned a work schedule on a reduced time basis, and from February 10 to 20 a full-time schedule was in effect.

In the reduced working time schedule for a minor employee, the Part-time working time and Calculate norm according to another schedule flags are selected.

Changing the work schedule of M.S. Gorbunkova is registered in the program with the document Change of work schedules list.

The monthly working hours are calculated based on the work schedules before and after the change. Earnings for February are calculated in two parts.

For both parts, the norm for a five-day week per month is 152 hours, while under the conditions of reduced working hours, 5 working days of 7 hours were worked from February 1 to February 9. Earnings for the first part are: 35,000 rubles. x 35 hours / 152 hours = 8,059.21 rub.

In the second part of the month, 14 days of 8 hours were worked from February 10 to February 29. Earnings for the second part of the month are: 35,000 rubles. x 112 hours / 152 hours = RUB 25,789.47

Thus, for February M.S. Gorbunkov was credited with 33,848.68 rubles. with a salary of 35,000 rubles.

Time tracking

Taking into account working hours is the direct responsibility of the employer, and not his right or desire. Although many neglect this fact, thereby violating the requirements of legislative acts.

To keep track of the actual time worked by each employee, a special timesheet of the T-12 form is used, which is approved by a resolution of the State Statistics Committee of the Russian Federation. In addition to the fact that this document has its direct purpose, it can also be taken into account as evidence in litigation under labor law.

Shortened working week in hours:

1. Persons under 16 years old – 24 hours.
2. Persons from 16 to 18 years old, disabled people of groups 1 and 2 – 35 hours.
3. Persons working under the influence of negative factors – 36 hours.

If a minor citizen combines study and work, then half of the norm established by law is applicable to him. That is:

• persons under 16 years of age must work no more than 12 hours per week;
• persons from 16 to 18 years old – no more than 17.5 hours per week.

It is necessary to establish a shortened working week, taking into account labor law and federal laws, for the following categories of employees, observing hourly standards:

1. For teaching staff – 36 hours.
2. For health workers – from 30 to 39 hours.
3. For women working in villages – 36 hours.
4. For women working in the Far North – up to 36 hours.

As a result, all these facts must be taken into account in the time sheet.

Setting up work schedules in “1C: Salary and Personnel Management 8” (rev. 3)

In the 1C: Salaries and Personnel Management 8 program, edition 3, working hours are determined by the work schedule. Work schedules are assigned to employees upon hiring, personnel transfer, or when an employee is transferred from one organization that is part of the enterprise. Employee work schedules are configured in the directory of the same name (Settings menu - Employee work schedules) using the link Change schedule properties (Fig. 1).

Rice. 1. Setting up a work schedule in “1C: Salary and Personnel Management 8” (rev. 3)

The Part-time working time block is filled in when setting up the work schedule for minor employees in order to recalculate the time standard relative to another schedule, for example, a 40-hour work week. As a rule, for shortened working hours the Part-time working time flag is not set, since the duration of work by day of the week in hours indicated in the Work Schedule table is the full working time standard for this schedule.

In the Work Schedule table, in the Attendance field, you should set the time standard for days in hours from Monday to Friday.

Please note that the name of the Attendance field displays the corresponding Time Type set by the flag in the Time Types table.

In the Length of working week field, the length of the working week in hours is automatically calculated. After confirming the setting with the OK button, the work schedule is automatically filled in for the entire year.

The schedule filled out automatically in accordance with the production calendar can be adjusted manually. But you should remember that the Automatic update according to production calendar flag is set to refill the schedule when updating the production calendar with the loss of all manual changes made.

The document provides for printing a work schedule using the Work Schedule button and automatically calculating the Average monthly number of hours and days per year.

In the “1C: Salary and Personnel Management 8” program, edition 3, you can transfer an employee to another work schedule by registering the Personnel Transfer document, checking the Transfer to another schedule flag and selecting the appropriate pre-configured work schedule. In this case, the Reflect in work book flag is not active, and this event will not be reflected in the SZV-TD and STD-R* reports.

Note:

* For more information on how to switch to using an electronic work book, see the article “Electronic work books: how to start using.”

In addition, the document Change of work schedules by list is used to register changes to employees’ work schedules. This document is not intended for recording information in the work book, and therefore this event will also not be automatically reflected in the SZV-TD and STD-R reports. This corresponds to the procedure for filling out reports: personnel events corresponding to the change in schedule are not provided.

Example 1

In the Work schedule table, when setting up a work schedule, in the Attendance field from Monday to Friday, you should set 7 hours. At the same time, the length of the working week was automatically set to 35 hours.

After submitting documents confirming disability, employee G.P. Kozodoev must be transferred to work on reduced working hours in accordance with the configured schedule. You can register a new employee work schedule, for example, using the Personnel Transfer document by checking the Transfer to another schedule flag and selecting the appropriate pre-configured work schedule (in Example 1 - “reduced time for a disabled person 2 grams”, Fig. 2).

Rice. 2. Transfer of an employee to a different work schedule

Employer initiative

The total length of the working week is one of the main conditions in the text of the employment contract. Let's consider the main reasons why the conditions established in the document may change.

According to Article 74 of the Labor Code of the Russian Federation, it is possible to change the initially agreed upon labor conditions in the event of future technological or organizational changes at the enterprise. These include:

• changes in production process technology or in the technology itself;
• regular reorganization of the enterprise;
• other changes.

If the above changes could lead to large-scale layoffs of the workforce, the employer will shorten the work week or introduce part-time work for employees. In this way, jobs can be saved and financial costs can be reduced to some extent.

In this case, it is legally permitted to introduce shortened workdays for a period of up to 6 months. If it is intended to return to normal mode earlier, this issue must be agreed upon with the trade union organization of the enterprise.

If for some reason an employee refuses to return to full-time work, the employment contract with him may be terminated due to staff reduction. And in this case, the employer will have to follow the procedure for dismissal due to reduction, when the employee is paid all the necessary compensation payments.

Decor

A shortened work week at the initiative of the employer requires adherence to strict consistency in registration. Each stage must be documented exclusively in writing.

In order for an organization to establish reduced working hours, it is necessary:

1. Issue an order that warns all employees about the change in the working regime. The document must: justify the need to switch to a new regime; list those departments that will work according to the new schedule; specify the specific operating mode. In addition, the document must indicate the start date of work according to the new schedule and the period for which the regime is established. Responsible persons who will notify the team about innovations should be indicated.
2. Notify the work team. Employees affected by the innovation must be notified of this two months in advance. Failure to comply with established standards may result in litigation. Notices must be in writing. Each employee must sign for receipt of this notice. If you do not want to sign the notice, you must draw up a corresponding act in the presence of two witnesses.
3. Provide information to the labor exchange. Within three days from the date of the decision to establish a new regime in the organization, management must report this fact to the employment center. If this fact is ignored, the organization may be fined.

Employer's liability

A shortened working week under the labor code presupposes a certain responsibility on the part of the employer. The provisions of the Code of Administrative Offenses of the Russian Federation are applicable to him and it is possible to apply punishment in the following form:

• warning or fine from 1 thousand to 5 thousand rubles (for officials);
• fine in the amount of 1 thousand rubles. – 5 thousand rubles. (for entrepreneurs who work without forming a legal entity);
• a fine of 30 thousand to 50 thousand rubles (for legal entities).

If a person is cited again for a similar violation, he may face a higher fine or disqualification from his position.

What documents is it supported by?

Most often, all the main nuances of employees’ work activities are enshrined in the company’s local regulations. All working conditions, work schedule and responsibilities are prescribed:

1. In the employment contract.
2. The basic rules that establish the work routine in the organization.
3. In the collective agreement.

Considering that a shortened working week is usually temporary, this clause is not included in general local acts, in addition to the employment contract. But this condition must be spelled out in advance in the collective agreement.

All changes to the employment contract must be agreed upon by both parties and entered into the document in accordance with the conditions specified in Art. 74 Labor Code of the Russian Federation.

Disabled people

Standards of working time for disabled people are established taking into account the requirements of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation” and on the basis of a medical report on the state of health of a particular person (Article 94 of the Labor Code of the Russian Federation).

In order to implement the provisions of the Federal Law, organizations with more than 30 employees are required to establish a quota for hiring people with disabilities. The quota is defined as a percentage of the organization’s average headcount and is no more than 4% (but not less than two employees).

If it is not possible to accept a disabled person into an organization, it is obliged to pay a fee to the regional budget for each disabled person in accordance with the quota.

If an employee becomes disabled due to the fault of the employer, the employer is obliged to create a special workplace for him. Regardless of the organizational and legal form, the employer is obliged to create the necessary working conditions for the employee in accordance with the IPRA - an individual rehabilitation and habilitation program. At the same time, the employment contract concluded with a disabled employee should not contain conditions that worsen the employee’s position in comparison with those stipulated in the Labor Code and other regulations of the Russian Federation.

Advantages

There are many positive aspects to be found when introducing a shortened working week. This applies to both employees and the employer. The positive aspects of the reduced time include:

• employees have free time to solve their own personal issues;
• the emergence of the opportunity to find part-time work;
• the ability to retain employment benefits in full;
• an opportunity for the employer to reduce labor costs;
• A reduction in working hours can be considered as a non-long-term measure to optimize staffing in order to avoid introducing downtime in production or reducing staff.

Special cases of reducing labor time

When working at night

The law obliges to reduce the duration of work (shift) at night by one hour without further work.

In hot and cold

Labor time is reduced in case of unfavorable temperature conditions and microclimate in the room. When resolving this issue, you must be guided by SanPiN 2.2.4.548-96. According to established standards for office employees, the maximum permissible indoor temperature in summer should be 28 degrees. The more the actual reading exceeds this standard, the less work is required. The situation is similar in winter. The lower the temperature, the sooner workers are sent home.

Read more: Hot or cold - when it’s time to shorten your working hours

Flaws

The main disadvantages of introducing a reduced regime include:

• lower wages for work compared to full-time work;
• lack of career growth;
• increasing the volume of work that does not correspond to the hours of work;
• the employer is obliged to provide employees on a reduced schedule with full payment for vacations and sick leave;
• a decrease in work time can lead to a decrease in the total amount of work performed, and, accordingly, in profit for the organization.

So, shortened working hours should not be confused with part-time work. Each of these concepts corresponds to different categories of workers and, moreover, payment will be made differently.

Do pregnant women need to set a special schedule?

The legislation does not provide for shortened working hours for pregnant women. A pregnant woman has the right to write an application with a request to transfer her to part-time work, but she is not entitled to a reduced one. The employer is obliged to satisfy the employee’s request and issue an order to reduce the workload on her.

But the salary will be calculated based on the number of hours worked (it will become lower). A pregnant woman will not be able to claim the full amount while working part-time.