Here's an example from the site's experts. Example The maximum working hours for an employee aged 17 is 35 hours per week. In such a situation, the employee and the employer may agree on a part-time work regime of 30 hours per week. incomplete work time in the form of a part-time working day (shift) or a part-time working week, it can be established both at the time of employment and subsequently. 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.

What is the difference between part-time work and reduced work time?

TK); - for workers engaged in work with chemical weapons, - depending on the group of works that are hazardous, - 24-hour work week or 36-hour working week; - for some other categories of workers established by law. Reduced working hours may be established in collective agreements for individual workers or categories of employees, taking into account the financial and economic situation of the employer. Part-time work (Article 93 of the Labor Code) is established by agreement between the employee and the employer and is a condition of the employment contract. It can be entered both at the time of hiring, and subsequently.

The difference between part-time work and reduced work time

Reduced working time is characterized by the following features: - the circle of persons to whom the employer is obliged to establish it is determined by law; thus, it is forbidden for employers to limit the circle of persons using this benefit; - the law defines the maximum duration of reduced working hours for certain categories of workers, which also excludes the possibility of increasing the limits established by law; - as a rule, the reduction of working hours does not affect the size wages employee, which is established on the basis of normal working hours. Reduced working hours in accordance with Art.

Differences between reduced working hours and part-time working

Working on a part-time basis does not entail any other restrictions for employees. They are granted annual basic paid leave of the same duration as for full-time employees.

The time of work on a part-time basis is counted in the length of service as full-time work (part 3 of article 93 of the Labor Code). To which employees is the employer obliged, at their request, to establish part-time work? By general rule part-time work is established by agreement of the parties to the employment contract, however, in the cases established by the Labor Code, the employer is obliged to establish it at the request of the employee.

What is the difference between a part-time job and a part-time job?

On the application of a woman who is on parental leave, or a person who actually takes care of a child (father, grandmother, grandfather, guardian, etc.) and is on such leave, they can work part-time or at home while retaining the right to receive child care benefits. Part-time work is paid for the time actually worked or the work actually performed. Part-time work for up to 6 months may be introduced by the employer, taking into account the opinion trade union body if changes in organizational or technological working conditions can cause mass layoffs of workers in order to save jobs. The cancellation of this regime can also be carried out by the employer, taking into account the opinion of the trade union body (art.

Differences between reduced and part-time work

Labor Code RF (hereinafter referred to as the Labor Code of the Russian Federation), reduced working hours are established: 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 jobs with harmful and (or) dangerous working conditions - no more than 36 hours per week in the manner established by the Government Russian Federation taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations (On the establishment of reduced working hours, annual additionally paid leave, increased wages for employees employed in hard work, work with harmful and dangerous working conditions, see: Decree of the Government of the Russian Federation of November 20, 2008 No.

The difference between reduced and part-time work

Yes, in without fail part-time work is set at the request of:

• 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 laws and other normative legal acts of the Russian Federation.

The employer does not have the right to refuse the named employees in the request for the establishment of part-time work. It should be borne in mind that part-time work can also be established in the event of a threat of mass dismissal of workers due to changes in the organizational or technological working conditions in the organization.

The difference between reduced and part-time work

N 82-FZ), which corresponds to the provisions of Art. 133 of the Labor Code of the Russian Federation. However, arbitrage practice proceeds from the fact that the monthly salary of an employee cannot be less than minimum size wages only on the condition that they have fully worked out the norm of working time during this period.

If the employee worked part-time, then wages can be accrued to him in a smaller amount than the minimum wage established by the current legislation (See: Definition of the Investigative Committee in Civil Cases of the Moscow City Court dated June 6, 2011 N 33-17063; Appeal decision of the IC in civil cases of the Perm Regional Court dated July 02, 2012

in case No. 33-5407).
At the request of the employee, such a mode of work is established for him with payment that will be proportional to the hours worked. For example, if the norm for a given position in a given institution is 8 hours a day, an employee can work 6 hours (in agreement with the administration).
In this case, the payment will go to him only for these 6 hours. Depending on the amount of work performed.

Part-time work can be established for any employee with the permission of the management (if it considers that such a regime will not harm the enterprise). The employer is obliged to install it for a pregnant woman (at her request), as well as for persons caring for a disabled child.

Such a regime is regulated by the Labor Code (articles 93, 94), as well as other laws (for example, 181-FZ, affecting some aspects labor activity disabled people).

What is the difference between reduced and part-time work

labor law— Labor law (E.V. Magnitskaya, E.N. Evstigneev) Question 47. Reduced and part-time working hours Labor legislation provides for 3 types of working hours: working hours of normal duration (40 hours a week), reduced working hours and part-time working hours All employees have normal working hours, except for those for whom a different type of working time is established - reduced or part-time. Reduced working hours (Art.

92 of the Labor Code) is established for certain categories of workers whose labor due to various reasons (age, health status, high labor intensity, difficult conditions work, etc.

A shortened working day is a special form of employment in which an employee has the opportunity to work part-time, that is, a smaller amount of time than is assumed by labor legislation. In this case, the subject's salary will be calculated on the basis of the full salary, even if the schedule is reduced. Thus, 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 06/24/1994. At the same time, the Russian Federation did not ratify this legal act. However, the provisions of the convention are considered by Russian employers as recommended for use.

Definition of a shortened working day

Different types of labor 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 hours of work - Art. 92 of the Labor Code of the Russian Federation;
• - art. 93 of the Labor Code of the Russian Federation;
• shortened work shift 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 reduced working hours, which are limited to certain categories of employees. Based on Art. 93 of the Labor Code of the Russian Federation, by agreement of both parties to the employment contract, the working day can be cut. The code also provides for several options for organizing work activities in a reduced time mode:

1. Reducing working hours every day of the week.
2. Reducing the number of working days, while maintaining the same duration of the work shift.
3. Reducing the number of hours for the performance of official duties by a certain percentage (which one is determined by the employer), as well as reducing 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 shortened working hours and part-time shifts

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

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

In the case of part-time work, pay is based on the standard work schedule, but pay is based on hours actually worked. So, in case of part-time work, the employee is not entitled to expect to receive a salary in full.

Categories of employees who are granted a reduced working day

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

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

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

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

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

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

Shortened working hours for pregnant women

In fact, a part-time work day is issued for pregnant women, the regime of which will be canceled when the woman returns from the decree to the standard execution of her job duties. In addition, a pregnant employee will not be paid in full, as is the case for part-time work, but will be based on hours actually worked, in accordance with the definition of part-time work.

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

The same applies to the reduced working hours for women with children under 14 years of age. This category of workers is assigned an incomplete work schedule in accordance with Art. 93 of the Labor Code of the Russian Federation. Payment will be made based on actual hours worked.

Shortened day for minors, education and medicine workers

Considering the features of the conditions of reduced 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. Thus, the following provisions can be distinguished:

• for minor citizens from 15 to 16 years old - 5 hours a day;
• for persons from 16 to 18 years old - 7 hours;
• for subjects from 14 to 16 years old who are currently receiving education 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 under the age of 18, special working conditions are expected for teachers and doctors.

Such labor circumstances for persons associated with pedagogical activity are enshrined in specialized standards created by the Ministry of Education and Science of the Russian Federation. 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. In particular, a shortened week is expected for:

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

For persons employed in the implementation of medical activities, the length of the working day is determined in GD No. 101 of 14.02.2003. The frequency of one work shift depends on the group of the employee. The resolution provides for three categories of doctors who can work 36, 33 and 30 hours a week, based on the place of work and position.

Shortened day for workers working in hazardous conditions

Based on the Federal Law No. 426 of 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 of the Federal Law No. 426, the working conditions are divided into 4 classes. Thus, the conditions under which factors of production have little or no effect on the health of staff. Harmful conditions imply a significant impact on the health of subjects, which can later develop into a chronic disease.

Thus, a shortened day for such employees is provided for 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 a reduced shift is the norm for these groups of workers. It is understood that the presence of an abbreviated labor day is established in the process of concluding an employment agreement and is drawn up in a special clause. The basis 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 an 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 to include an appropriate provision on the stipulated reduced day for some positions (relevant to a particular enterprise) in the collective agreement.

Upon agreement with the employer, the reduced working week is fixed in the contract. Next, an appropriate order for admission to the position is drawn up. It reflects:

• Company name;
• date of issue of the document;
• passport details of the employee, as well as his position and the 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 probationary period;
• data on employment contract between employer and subordinate;
• signatures of the parties;
• a note about the acquaintance of the employee with the order, his personal signature proving this.

The procedure for payments for the performance of labor duties on shortened 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 made in proportion to the worked schedule, regardless of age. However, the employer has the right to supplement payments to minor employees using the company's personal funds for this.

Part-time working time is the time established by agreement between the employee and the employer, of a shorter duration than the normal or reduced working time for this employer (Article 93 of the Labor Code of the Russian Federation). It is determined in the form of part-time work (in this case, the time is reduced daily work, but the number of working days per week remains the same - 5 or 6) or in the form of a part-time working week (when the length of the work shift does not change, but the number of working days per week decreases). A combined option is also possible, when both the number of working hours per day and the number of working days per week are reduced.

At the same time, the Labor Code does not establish the minimum and maximum number of hours (days) by which the “main” working time should be reduced. This issue is decided jointly by the employee and the employer. We also note that part-time work or part-time work week can be established both when an employee is hired, and later. And if an employee works part-time, then his work is paid in proportion to the time worked by him or depending on the amount of work performed.

Whom the employer is obliged to transfer to part-time work

Part-time work may be established at the initiative of the employee. Moreover, the Labor Code of the Russian Federation names certain categories of workers to whom the employer does not have the right to refuse if one of them requests to switch to part-time work.

Part-time work week or part-time work at the initiative of the employee is mandatory (Article 93 of the Labor Code of the Russian Federation):

• pregnant women;
• one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18);
• persons providing care for a sick family member with an appropriate medical certificate.

At the same time, part-time work is set for a period convenient for the employee, but so far there are circumstances that do not allow him to work full time.

Other employees may be transferred to part-time work only if the employer does not object to this.

Part-time work at the initiative of the employer

Employees can also be transferred to a part-time working week (part-time work) at the initiative of the employer. But only if the enterprise has changed organizational or technological conditions labor, and this may lead to massive layoffs of workers. Then, for the purposes of preserving jobs, the employer may introduce part-time work for up to 6 months, taking into account the opinion trade union organization, if there is one in the organization (

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  AT how difference incomplete working days from abbreviated working time.


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  Under regular part-time in accordance with Art. 282 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation) is understood to be executed ... more ».


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  Incomplete workers time called working time, the duration of which is less than normal or abbreviated working time.
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  Under abbreviated workers time is understood as a decrease in the norm working time compared to normal, os.
  Incomplete workers time called working time, the duration of which is less than normal.


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  Character traits work outside normal hours working time.
  Practical work on part-time means that the employee has two employment contracts: one - for the main job, the other - on part-time.


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  Summary Accounting working time allows deviation of duration working time per day.
  For these categories of workers, a special regime may be established. working time- non-standardized worker day.


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  The law (Article 97 of the Labor Code of the Russian Federation) establishes that work outside the normal duration working time can be produced both at the initiative of the employee ( combination), and at the initiative of the employer (overtime work).

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Establishing reduced working hours is the responsibility of the administration. When concluding an employment contract, the parties are not entitled to increase the duration of working hours established by law.
In accordance with Article 92 of the Labor Code of the Russian Federation, the normal working hours are reduced by 16 hours per week for workers under the age of 16; 5 hours a week - for employees who are disabled people of groups I and II; 4 hours per week - for employees aged 16 to 18; for 4 hours a week or more - for workers employed in work with harmful and (or) dangerous working conditions, in the manner established by the Government of the Russian Federation.
The length of working time of students under the age of 18 working during the academic year in their free time may not exceed half the norm established for persons of the corresponding age.
federal law reduced working hours may be established for other categories of workers (pedagogical, medical, etc.).
Unless otherwise established by the Labor Code of the Russian Federation or other federal law, remuneration for reduced working hours is made as for full working time. On this basis, reduced working time differs from part-time, in which wages are paid in proportion to the established and hours worked or depending on output.
Part-time work covers part-time work or part-time work. In case of part-time work, the employee works fewer hours than is established in the organization for this category of workers. With a part-time working week, the number of working days of the week is reduced. Part-time work may consist of simultaneously reducing both the working day and the working week.
According to Article 93 of the Labor Code of the Russian Federation, part-time work or a part-time work week can be established by agreement between the employee and the employer. However, this article provides for cases where the employer is obliged to establish an employee, at his request, part-time.
L. Stepanyuk
Lawyer
Signed for print
26.11.2003
"Financial newspaper. Regional issue", 2003, N 48