Labor code part-time. How to switch to part-time work: at the initiative of the employee, employer

ST 93 of the Labor Code of the Russian Federation.

By agreement of the parties to the employment contract, the employee, both at the time of hiring and subsequently, may be provided with an incomplete work time(part-time (shift) and (or) part-time work week, including the division of the working day into parts). Part-time work can be established both without a time limit, and for any period agreed by the parties to the employment contract.

The employer is obliged to establish part-time work at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member in accordance with with a medical certificate issued in accordance with the procedure established federal laws and other regulatory legal acts Russian Federation. At the same time, part-time work is set for a period convenient for the employee, but not more than for the period of existence of the circumstances that served as the basis for the mandatory establishment of part-time work, and the mode of working time and rest time, including the duration daily work(shifts), the start and end time of work, the time of breaks in work, is set in accordance with the wishes of the employee, taking into account the conditions of production (work) for this employer.

When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Commentary on Art. 93 of the Labor Code of the Russian Federation

1. Part-time working time is the working time determined by an agreement between the employee and the employer, the duration of which is less than the normal or reduced working time established by the given employer.

2. Part-time work can act as a part-time work week or part-time work (shift). With a part-time working day (shift), the duration of daily work is reduced, but the working week remains five or six days. A part-time work week is a reduction in the number of working days while maintaining the established duration of the work shift. It is possible to simultaneously reduce the working day (shift) and the working week. Moreover, working hours can be reduced by any number of hours or working days without restrictions. Part-time work or part-time work week can be established both at the time of employment and subsequently.

3. Part 1 of the commented article 93 of the Labor Code of the Russian Federation defines the circle of persons whose requirement to establish part-time work is mandatory for the employer. The employer is also obliged to satisfy the request of the disabled person for part-time work if the individual program of the disabled person recommends working hours less than those established by law ().

The rest of the employees require the consent of the employer to establish part-time work.

4. The initiator of the establishment of part-time work is the employee. In cases prescribed by law, part-time work may be introduced at the initiative of the employer. On the procedure for introducing part-time work at the initiative of the employer, see the commentary to it.

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

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

Part-time working time is always shorter in duration than normal or reduced working time. The term "part-time work" itself covers both part-time work and part-time work. This type of working time is established by agreement between the employee and the employer both at the time of employment and subsequently. In addition, the employer (including individual) is obliged to establish part-time work or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18), as well as a person caring for the sick a family member in accordance with a medical report (paragraph 1 of article 93 Labor Code RF).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Another commentary on Art. 93 of the Labor Code of the Russian Federation

1. Part-time working time is the working time determined by an agreement between the employee and the employer, the duration of which is less than the normal working time established by the given employer. In the event that an employee, in accordance with the law (Article 92 of the Labor Code of the Russian Federation), has the right to reduced working hours, part-time work will be considered shorter than the corresponding norm of reduced working hours.

2. Part-time work can act as a part-time work week or part-time work (shift). With a part-time working day (shift), the duration of daily work is reduced, but the working week remains five or six days. A part-time work week is a reduction in the number of working days while maintaining the established duration of the work shift. It is possible to simultaneously reduce the working day (shift) and the working week, and the working time can be reduced by any number of hours or working days without any restrictions. Part-time work or part-time work week can be established both at the time of employment and subsequently.

Read also: Fixed-term employment contract with a foreign citizen

3. Part 1 of Art. 93 of the Labor Code of the Russian Federation defines the circle of persons whose requirement to establish part-time work is mandatory for the employer (pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as a person caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation).

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

5. The initiator of the establishment of part-time work is the employee. In cases prescribed by law, part-time work may be introduced at the initiative of the employer. On the procedure for introducing part-time work at the initiative of the employer, see Part 5 of Art. 74 of the Labor Code of the Russian Federation and commentary to it.

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

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

By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, custodian) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.

When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Commentary on article 93 of the Labor Code of the Russian Federation:

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

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

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

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

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

2. The law does not limit the circle of persons for whom part-time work is allowed. It can be established by any employee at his request and with the consent of the employer. At the same time, in certain cases, the employer is obliged to establish for the employee, at his request, a part-time work day or a part-time work week. Yes, part-time work without fail installed at the request of: a pregnant woman; one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under 18), as well as a person caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal and other regulatory legal acts of the Russian Federation.

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

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

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

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

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

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

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

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

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

Persons hired on a part-time or part-time working week, as well as those employed at half the rate (salary) in accordance with an employment contract, are included in the list of employees of the organization. AT payroll these employees are counted for each calendar day as whole units, including non-working days weeks due to hiring.

Persons who worked part-time in accordance with an employment contract or transferred with the written consent of the employee to part-time work, when determining average headcount employees are counted pro rata to hours worked (see Instructions for Completing the Federal statistical observation N 1-T "Information on the number and wages workers", approved by the Decree of Rosstat of October 13, 2008 N 258 // Questions of statistics. 2009. N 1).

Read also: Transfer of leave due to production needs

When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

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

1. The term "part-time work" covers both part-time work and part-time work. With part-time work, remuneration is made in proportion to the hours worked, with piecework pay - depending on the output.

Part-time workers enjoy the same labor rights, as workers for whom a working day of normal duration is established.

The commented article does not limit the circle of persons for whom the introduction of part-time work is allowed.

Recommendation N 182 of the ILO "On part-time work" (1994) contains recommendations for the employer. According to the Recommendation, "part-time worker" means an employee whose normal hours of work are less than the normal hours of work of full-time workers in a comparable situation.

2. The length of working time for a particular employee may be determined by an individual labor contract. In such situations, it is not allowed to increase the working time in comparison with the maximum norms established by law, but it is possible to reduce it by mutual agreement of the subjects (parties) of the employment contract. The law does not prohibit the parties to an employment contract from agreeing to work on a part-time basis both at the conclusion of an employment contract and subsequently (i.e. during its validity). Part-time work with proportional pay may provide for, by mutual agreement of the parties, a reduction in working time by any number of hours or working days.

Part-time work is established at part-time work, as well as in cases where the organization provides for staffing incomplete wages.

3. Part-time work may not only be established, but also canceled by agreement of the parties to the employment contract. The initiative to introduce part-time work comes mainly from the employee, and the employer can satisfy his request, if this does not disrupt the production process.

In cases where there are changes in the organization of production or technological process, the initiative to transfer to work on a part-time basis may come from the employer, about which he is obliged to notify the employee 2 months in advance. since it means a change in essential working conditions.

4. The legislation provides that in certain cases, if the employee expresses his will, the employer is obliged to establish a part-time work for him. Such an obligation arises for the employer if a pregnant woman or a woman with a child under the age of 14 (a disabled child under the age of 18) or a person caring for a sick family member in accordance with with a medical opinion. Persons with disabilities are also entitled to part-time work. Medical recommendations on the establishment of part-time work for disabled people are mandatory for the employer (Articles 11 and 23 of the Law "On the Social Protection of Disabled Persons in the Russian Federation").

5. Part-time workers are entitled to full annual leave, as well as study leave. The time of work is counted in their length of service as full-time work. They are entitled to receive a bonus for the work performed, which is accrued on a general basis. They are provided with weekends and holidays in accordance with the Labor Code and the shift schedule. Employees' work books do not record that they performed part-time or part-time work.

6. When establishing part-time work, remuneration is made in proportion to the time worked without additional payment. At the same time, the employee is not entitled to demand remuneration in the amount not lower than the minimum wage established by the state, since this guarantee applies only to employees who have fulfilled the full work rate. In this part-time work differs from reduced hours of work. Part-time work is used in various ways.

Article 93 of the Labor Code of the Russian Federation

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

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

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

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

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

Article 93. Part-time work

When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

part-time work

Part-time work is considered to be less than normal working time (ie less than 40 hours per week), established by agreement of the parties and paid in proportion to the hours worked.

The following types of part-time work are distinguished:

Part-time work (shift): only the number of hours of work per day (shift) is reduced, for example, every day for four hours five days a week instead of the eight hours per day (shift) established in the organization;

Part-time work week: the number of days of work is reduced, for example, three days a week for eight hours instead of the established five days for eight hours;

Mixed, i.e. part-time, working day (shift) and part-time working week: the number of hours and days of work is reduced, for example, three days a week for three hours instead of five days for eight hours.

Part-time workers enjoy the same benefits and guarantees as those who have a normal working time: the time of work is counted in the insurance record as full time; weekends and holidays are provided in accordance with labor laws, etc. (part 3 of article 93 of the Labor Code of the Russian Federation).

The initiative to establish part-time work can come from any party labor relations, i.e. such time is set both at the request of the employee and at the initiative of the employer.

By the way, in its clarifications, the FSS of the Russian Federation recommends that, when establishing part-time work for female workers on parental leave, be guided by the Regulations on the procedure and conditions for the employment of women with children and working part-time, approved by the Decree of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated April 29. 1980 No. 111/8-51. Clause 8 of this Regulation states that when establishing work regimes with part-time work, the length of the working day (shift), as a rule, should not be less than 4 hours and the working week - less than 20-24 hours, respectively, with 5- and 6-day week.

Clause 8 of the Regulations on the procedure and conditions for the employment of women with children and working part-time, approved by the Decree of the USSR State Labor Committee, the Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 No. 111 / 8-51:

The modes of work established when working with part-time work may include:

reduction of the duration of daily work (shift) by a certain number of working hours on all days of the working week;

reduction in the number of working days per week while maintaining the normal duration of daily work (shift);

reduction in the duration of daily work (shifts for a certain number of working hours while reducing the number of working days per week.

These modes of work may include the division of the duration of daily work into parts, for example, the delivery of morning and evening mail, the sale of newspapers and magazines, etc.

When establishing modes of work with part-time work provided for in this paragraph, the length of the working day (shift), as a rule, should not be less than 4 hours and the working week - less than 20-24 hours, respectively, with a five- and six-day week.

Depending on specific working conditions Other hours of work may be set.

In addition, experts from the FSS of the Russian Federation believe that it is necessary to reduce the length of the working day by hours, not minutes. That is, with part-time work, the duration of the working day must be less than its usual duration by at least 1 hour. So, there are cases when the territorial body of the FSS of the Russian Federation, on the basis that a working day reduced by only 12 minutes, cannot be considered part time, tried not to take child care allowance into account. But the court did not agree with him, based on the fact that the Labor Code of the Russian Federation did not establish limits for the reduction of working hours, therefore, the norms of Regulation No. 111 / 8-51, adopted before the entry into force of the Labor Code of the Russian Federation, should be recognized as contradicting it (Article 93, 423 of the Labor Code of the Russian Federation). At the same time, the court did not take into account the arguments of the FSS of the Russian Federation that the payment of benefits with a minimum reduction in the length of the working day contradicts the goals of establishing and assigning child care benefits (Decree of the Seventeenth Arbitration Court of Appeal dated August 29, 2008 No. 17AP-5107 / 2008-AK (left unchanged by the Decree of the Federal Antimonopoly Service of the Urals District dated December 10, 2008 No. F09-9217 / 08-C2)).

Thus, there are no legal restrictions on the duration of part-time work. At the same time, when establishing part-time work without taking into account the recommendations of the FSS of the Russian Federation, it is necessary to take into account the possibility of disputes with the territorial body of the FSS of the Russian Federation on the issues of accounting for the cost of paying benefits to reduce monthly payments for insurance premiums to the FSS of the Russian Federation (part 2 of article 15 of the Federal Law of July 24, 2009 No. 212-FZ “On insurance premiums in Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund and the Territorial Compulsory Medical Insurance Funds).

The norms of the Labor Code of the Russian Federation allow, by agreement of the parties, to establish part-time work for any category of employees of an organization (for example, those who are trained in this organization (part 2 of article 203 of the Labor Code of the Russian Federation)).

However, there is a certain circle of persons for whom the employer is obliged to establish a part-time (shift) or part-time working week at their request. These include (part 1 of article 93, article 256 of the Labor Code of the Russian Federation):

Pregnant women;

One of the parents (guardian, guardian) who has a child under the age of 14 (a disabled child under the age of 18);

A person caring for a sick family member in accordance with a medical certificate issued in accordance with the established procedure;

A woman on parental leave until the child reaches the age of three, the child's father, grandmother, grandfather, other relative or guardian who is actually caring for the child and who wishes to work part-time while retaining the right to receive benefits;

Postgraduate students studying in absentia (Article 173.1 of the Labor Code of the Russian Federation).

Grounds for establishing part-time work

To establish part-time work, an employee to whom the employer is required by law to do this must write an appropriate application, indicating:

Desired working hours;

Type of part-time work;

The date from which the employee requests the establishment of part-time work.

The application must be accompanied by a document confirming the grounds on which the employee requires him to establish part-time work (for example, a certificate from the antenatal clinic on pregnancy, on the presence of dependents, a birth certificate of a child, a certificate from the authorities local government, housing department on the composition of the family, a certificate of incapacity for caring for a sick family member, a certificate confirming the fact that the child’s disability has been established, a document on the appointment of a guardian, etc.). In the absence of such a document, the employer must explain to the employee the possibility of refusing to establish part-time work. This is due to the fact that the obligation of the employer arises in the presence of certain circumstances that must be confirmed. Therefore, in order to avoid disputes, the employer may request in writing from the employee documents confirming the right to establish part-time work. It is desirable to issue the requirement in two copies - one is transferred to the employee, and the other with the employee's mark of receipt remains with the employer.

Working hours - the time during which the employee, in accordance with the rules of internal work schedule and the terms of the employment contract must comply labor obligations, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, refer to working time.

Normal working hours may not exceed 40 hours per week.

The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established duration of working time per week, is determined federal body executive power that performs the functions of developing public policy and legal regulation in the sphere of labor.

(Part three was introduced by Federal Law No. 157-FZ of July 22, 2008)

The employer is obliged to keep records of the time actually worked by each employee.

Article 92. Reduced hours of work

Reduced working hours are set:

for employees under the age of sixteen - no more than 24 hours a week;

for employees aged sixteen to eighteen years - no more than 35 hours per week;

for employees who are disabled people of group I or II - no more than 35 hours a week;

for workers employed in work with harmful and (or) hazardous conditions labor - no more than 36 hours a week in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

(part one as amended by Federal Law No. 90-FZ of 30.06.2006)

Students working hours educational institutions under the age of eighteen, working during the academic year in their free time, may not exceed half of the norms established by the first part of this article for persons of the corresponding age.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

This Code and other federal laws may establish reduced working hours for other categories of employees (pedagogical, medical and other employees).

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 93. Part-time work

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Article 94. Duration of daily work (shift)

The duration of daily work (shift) cannot exceed:

for employees aged fifteen to sixteen - 5 hours, for those aged sixteen to eighteen years - 7 hours;

for students educational institutions, educational institutions of primary and secondary vocational education those who combine study with work during the academic year, at the age of fourteen to sixteen years - 2.5 hours, at the age of sixteen to eighteen years - 4 hours;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

for the disabled - in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

For workers employed in jobs with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum allowable duration of daily work (shift) cannot exceed:

with a 36-hour work week - 8 hours;

with a 30-hour work week or less - 6 hours.

The collective agreement may provide for an increase in the duration of daily work (shift) in comparison with the duration of daily work (shift) established by part two of this article for employees employed in work with harmful and (or) dangerous working conditions, subject to the maximum weekly duration of the worker. time (part one of Article 92 of this Code) and hygienic standards of working conditions established by federal laws and other regulatory legal acts of the Russian Federation.

(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

The duration of the daily work (shift) of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists jobs, professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be established collective agreement, local normative act, labor contract.

(Part four was introduced by Federal Law No. 90-FZ of 30.06.2006, as amended by Federal Law No. 13-FZ of 28.02.2008)

Article 95

The duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour.

In continuously operating organizations and certain types work, where it is impossible to reduce the duration of work (shift) on the holiday day, processing is compensated by providing the employee with additional rest time or, with the consent of the employee, payment according to the norms established for overtime.

On the eve of the weekend, the duration of work with a six-day working week cannot exceed five hours.

Article 96. Night work

Night time is from 22:00 to 06:00.

The duration of work (shift) at night is reduced by one hour without subsequent working off.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement.

The duration of work at night is equalized with the duration of work in the daytime in cases where it is necessary for working conditions, as well as in shift work with a six-day working week with one day off. List specified works may be determined by a collective agreement, a local normative act.

To work at night are not allowed: pregnant women; employees under the age of eighteen, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws. Women with children under the age of three, disabled people, employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation , mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with medical advice. At the same time, these employees must be informed in writing of their right to refuse to work at night.

(as amended by Federal Laws No. 97-FZ of 24.07.2002, No. 90-FZ of 30.06.2006)

The procedure for work at night of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be established by a collective agreement, a local normative act, an employment contract.

(as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 13-FZ of 28.02.2008)

Article 97. Work outside the established duration of working hours

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The employer has the right, in accordance with the procedure established by this Code, to engage an employee to work outside the working hours established for this employee in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, local regulations, an employment contract (hereinafter referred to as the length of working time established for the employee):

for overtime work (Article 99 of this Code);

if the employee works on irregular working hours (Article 101 of this Code).

Article 98 - Federal Law of June 30, 2006 N 90-FZ.

Article 99. Overtime work

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of summarized accounting of working time - in excess of the normal number of working hours for the accounting period.

Involving an employee in overtime work by an employer is allowed with his written consent in the following cases:

1) if necessary, perform (finish) the work that has been started, which, due to an unforeseen delay due to the technical conditions of production, could not be performed (completed) within the working hours established for the employee, if failure to perform (non-completion) of this work may lead to damage or loss of property employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property or endanger the life and health of people;

2) in production temporary work for the repair and restoration of mechanisms or structures in cases where their failure may cause the termination of work for a significant number of employees;

3) to continue work in the absence of a replacement employee, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee.

Engaging an employer of an employee to work overtime without his consent is allowed in the following cases:

1) in the performance of work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

In accordance with Federal Law No. 417-FZ of December 7, 2011, effective January 1, 2013, in Clause 2 of Part Three of this Article, the words "water supply, gas supply, heating, lighting, sewage systems," will be replaced by the words " centralized systems hot water supply, cold water supply and (or) water disposal, gas supply systems, heat supply, lighting, ".

2) in the production of public necessary work to eliminate unforeseen circumstances that violate the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications;

3) in the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency situations, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, endangering the life or normal living conditions of the entire population or part of it.

In other cases, involvement in overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

It is not allowed to involve pregnant women, workers under the age of eighteen, other categories of workers in overtime work in accordance with this Code and other federal laws. Involvement in overtime work of disabled people, women with children under the age of three years is allowed only with their written consent and provided that this is not prohibited by them for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people, women with children under the age of three, must be familiarized with their right to refuse overtime work against signature.

The duration of overtime work should not exceed for each employee 4 hours for two consecutive days and 120 hours per year.

It is the employer's responsibility to ensure that each employee's overtime hours are accurately recorded.

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

By agreement of the parties to the employment contract, the employee, both at the time of hiring and subsequently, may be assigned part-time work (part-time work (shift) and (or) part-time work week, including with the division of the working day into parts). Part-time work can be established both without a time limit, and for any period agreed by the parties to the employment contract.

The employer is obliged to establish part-time work at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member in accordance with with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, part-time work is set for a period convenient for the employee, but not more than for the period of existence of the circumstances that served as the basis for the mandatory establishment of part-time work, and the mode of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks in work, is set in accordance with the wishes of the employee, taking into account the conditions of production (work) at the given employer.

When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

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

Part-time working time is always shorter in duration than normal or reduced working time. The term "part-time work" itself covers both part-time work and part-time work. This type of working time is established by agreement between the employee and the employer both at the time of employment and subsequently. In addition, an employer (including an individual) is obliged to establish part-time work or a part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18). ), as well as a person caring for a sick family member in accordance with a medical report (clause 1, article 93 of the Labor Code of the Russian Federation).

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

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

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

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

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

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

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

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

Another commentary on Art. 93 of the Labor Code of the Russian Federation

1. Part-time working time is the working time determined by an agreement between the employee and the employer, the duration of which is less than the normal working time established by the given employer. In the event that an employee, in accordance with the law (), has the right to reduced working hours, part-time work will be considered shorter than the corresponding norm of reduced working hours.

2. Part-time work can act as a part-time work week or part-time work (shift). With a part-time working day (shift), the duration of daily work is reduced, but the working week remains five or six days. A part-time work week is a reduction in the number of working days while maintaining the established duration of the work shift. It is possible to simultaneously reduce the working day (shift) and the working week, and the working time can be reduced by any number of hours or working days without any restrictions. Part-time work or part-time work week can be established both at the time of employment and subsequently.

Labor code part-time. How to switch to part-time work: at the initiative of the employee, employer

Commentary on Art. 93 of the Labor Code of the Russian Federation

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

Another commentary on Art. 93 of the Labor Code of the Russian Federation

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

Commentary on article 93 of the Labor Code of the Russian Federation:

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

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

Article 93. Part-time work

Article 92. Reduced hours of work

Article 93. Part-time work

Article 94. Duration of daily work (shift)

Article 95

Article 96. Night work

Article 97. Work outside the established duration of working hours

Article 98 - Federal Law of June 30, 2006 N 90-FZ.

Article 99. Overtime work

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

Another commentary on Art. 93 of the Labor Code of the Russian Federation

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