Working hours are represented by the time period during which a particular employee of the enterprise copes with his basic duties on the basis of the contents of the labor instruction and the labor contract. The standard working time is that citizens must work 5 days a week for 8 hours. But often there are situations when you need to reduce the number of working hours. In this case, part-time is set. The procedure can be carried out on the initiative of the employer or a direct hired specialist. In each case, there are some features of the process.
Working time concept
It is represented by the period during which the employee is obliged to cope with his duties. Basic information about working hours is contained in Art. 91 shopping mall. The optimal working week is 40 hours.
In Art. 93 TC contains information that often sets an incomplete duration of working time for an employee. For this, a special agreement is formed between the head of the company and the hired socialist.
Types of working hours
There are several types of incomplete mode:
- Part time or shift. With this mode, the amount of time that an employee spends daily on performing labor duties is reduced. Therefore, a citizen usually works not 8, but 6 hours or less.
- Incomplete week. In this case, the number of days during which a citizen works is reduced. For example, 4 days a week for labor spent 8 hours.
- Mixed mode. With this method, both the number of working days and the duration of the shift are reduced.
When choosing any mode, the employee’s earnings are reduced, since the actual hours worked or work performed are taken into account to determine his salary. At the same time, the employee retains annual leave, the duration of which is 28 days. During the implementation of the activity, seniority is formed in a standard way. An employee is assigned all ordinary labor rights.
When is it used?
Part-time work is established based on the requirements of the TC. The law lists all citizens who can count on such an indulgence. These include the following employees:
- pregnant women, who usually independently prepare a statement allowing them to significantly reduce their workload;
- employees who are the parents or official guardians of children under 14 days of age or a disabled child under 18 years of age;
- people caring for sick relatives, but at the same time they should have a medical certificate containing information that a particular citizen really needs proper care;
- women on maternity leave.
Part-time work is established on the basis of legislative requirements, but both the employee and the director of the enterprise can act as the initiator. If a woman who is on parental leave prefers to go to work before the end of this period, then she has the right to require the head of the company to establish her an optimal working regime. This is due to the fact that under Art. 156 of the Labor Code, the employee retains her place for the vacation period, and the woman can leave her vacation at any time.
Legislative regulation
Basic information about how part time is set correctly, what prerequisites are for this and what documents are drawn up are contained in Art. 93 shopping mall. Such a labor regime is fixed only if there are appropriate grounds confirmed by official documents.
An employer may insist on reducing working hours for employees if, for various reasons, the company is faced with different financial difficulties, so there is no need for a standard mode of work.
If the employee of the company is the initiator, then part-time work is established only when a certain agreement is reached between the two parties to the employment relationship, if there are no good reasons for such changes.
What is the difference from reduced working hours?
Based on Art. 92 TC, a shorter working day is applied for some employees without fail, therefore, the wishes of company managers and direct employees of the enterprise are not taken into account. Such a regime is assigned for disabled people and underage workers, as well as people working in the village.
Part-time work is set exclusively at the request of the worker or at the request of the employer. The procedure can be performed in the process of employment or already in the performance of labor duties.
Another significant difference is the size of earnings. In part-time mode, the size of the salary depends on the amount of time worked or work performed, but with reduced working time, workers receive a full time rate.
Pros of part-time work
Part-time work is established for many workers. This regime has some advantages for workers and employers. These include:
- the employee has a lot of free time that can be used to care for children or sick relatives, as well as to solve other important tasks;
- under such conditions, hired specialists can combine several professions at once;
- the citizen retains all labor rights and benefits;
- the company has reduced costs associated with the remuneration of employees;
- firms can take advantage of such a regime in order to optimize the work of personnel in the enterprise for a certain period of time, which prevents possible reductions or downtime.
Therefore, the introduction of this working time brings certain benefits to each participant in the employment relationship.
Part-time or weekly disadvantages
The disadvantages of this mode include:
- significantly reduced salary;
- limited career growth;
- although the number of hours during which a citizen works is decreasing, he still has to perform almost the same amount of work.
A significant disadvantage of such a regime for the employer is that he has to provide employees with leave on a common basis. Due to the fact that in a short period of time the employee cannot optimally cope with all the tasks, the number of products created or work performed is reduced, which leads to a decrease in profit from the work of the enterprise.
What documents are prepared?
Part-time work for employees is established only after the creation of the necessary official documentation. The possibility of applying such a regime is usually fixed in the internal regulatory acts of the enterprise. It is on the basis of these local documents that cooperation between hired specialists and the director of the company is carried out.
The terms and conditions of employees are fixed in the following documents:
- an employment contract drawn up individually with each employee;
- the rules on the basis of which the work schedule is established in the organization;
- collective agreement.
Often, on the basis of Art.74 TC incomplete working hours is set by the employer as a temporary measure. It is usually used for up to 6 months. Under such conditions, changes are made only to labor contracts, but the content of local acts remains unchanged.
When drafting a collective agreement, it should be possible to transfer workers to part-time work, so this document should list the transition rules, as well as the conditions and terms for introducing the regime.
How is the process initiated by the head of the company?
Most often, part-time is set at the request of the employee, but in different companies situations may arise in which it is the director who initiates this process. Most often this is due to the deterioration of the financial condition of the company, therefore, for a certain period of time, it is necessary to optimize the work of personnel. Due to this method, it is possible to avoid downsizing.
To do this, the following actions are performed:
- a decision is made on the need to introduce a new regime;
- the head of the company issues an appropriate order, and it is important to take into account the opinion of the trade union, as well as the director must have official documents that confirm the objective need for such changes;
- the order sets the period during which the innovations will be valid;
- all employees of the enterprise are notified of the changes introduced, for which it is necessary to use a written document signed by each employee of the company;
- notifications must be given two months before the planned events;
- sending a written notice of adjustments to the employment service, and the process is carried out within three days after making the changes, otherwise the company will be forced to pay fines under art. 19.7 Administrative Code;
- if employees agree to a change in working hours, an additional agreement is drawn up for labor contracts, which sets out the conditions for a new job;
- if employees refuse to transfer, then the employment contract is terminated on the basis of Art. 81 TC, and workers under such conditions can rely on all legal guarantees.
Part-time work is established by agreement of the parties, which is carefully studied by each employee of the enterprise. This document may indicate its validity. After the end of this period, all specialists of the company are transferred to the standard operating mode.
Drafting an application by an employee
Most often, part-time is set at the request of a direct hired specialist. Changes can be introduced for a short period of time or for an unlimited time. To start the procedure, a special statement is drawn up by the employee, in which information is indicated:
- request to establish part-time work;
- indicates the specific type of mode;
- the date from which changes are to be entered is given.
If the employee wants to work under such conditions only for a limited amount of time, then he can immediately indicate the end date of the changes in the application.
How does the operating mode change?
A correctly prepared application is transmitted to the employer, after which the following actions are performed:
- the director of the enterprise is studying the application received;
- if he agrees with the changes, then all new conditions of cooperation are negotiated between two participants in the employment relationship;
- an additional agreement to the employment contract is drawn up, which takes into account the company's production capabilities;
- the agreement prescribes the period of validity of the changes, the duration of the work shift or week, as well as other important points for the employee;
- the document is generated in duplicate, since one remains with the director of the enterprise, and the other is transferred to the employee;
- management orders are issued to introduce specific changes.
After the completed steps, the citizen continues to work under new conditions.
When is part-time information entered in local regulations?
If part-time work is set at the request of a citizen in the process of employment, then such features of labor will certainly be prescribed directly in the employment contract. Additionally, this information is duplicated in the order of the head, on the basis of which a citizen is enlisted in the state.
All changes made must be agreed upon in advance between the employer and the hired specialists, since the procedure must be performed voluntarily by all participants in the process.
Conclusion
Part-time can be used in different companies on the initiative of management or direct employees. It is presented in several forms, and at the same time it has many advantages for both participants in labor relations.
The procedure for introducing changes depends on who is the initiator of the process. For this, it is important to prepare certain official documentation by the employer. If such a regime will be used in the company on an ongoing basis, then information about it should be entered in the local regulatory acts of the organization.