Everyone cherishes work today. Especially if it is stable and well paid. However, sometimes circumstances turn in such a way that it is no longer possible to continue to work as usual. This may be due both to the desires or needs of the employee himself, and to the changed conditions for organizing production. However, not everyone knows exactly how this procedure is carried out. So, how do you get a part-time job? What rights are assigned to an employee who officially spends less time at the workplace than his colleagues? Does this mean for him the acquisition of any new restrictions? Should his vacation be shorter? How to prove your rights to an employer? How does part-time work affect seniority? Are employees who work in the regime under consideration hurt in some way? What punishment awaits those employers who abuse the rights that the legislation provides for establishing part-time jobs? What else should employees know? For example, does part-time work affect wages? Detailed answers to all of the above questions will be discussed in this article. Be careful.
The essence of the concept
As you know, the legislation provides several acceptable options for working time. Among them, in addition to a working day with normal duration, there are also two other employment regimes: shortened and part-time.
The latter option is provided by law for underage employees, as well as for those who are forced to work in conditions that pose a threat to health and life and can cause serious harm to the employee. In this case, in accordance with the labor legislation, such workers establish a reduced rate of time that they spend fulfilling their direct professional duties, while full wages are maintained.
Part-time work is completely different from reduced-time work. And although the period that employees spend at work in both cases is significantly less than the usual norm, there is a difference. And it is in the payment mode. So, if in the first case the employee receives remuneration, as if he worked the full time standard, then for those who work officially less, the salary is paid in a different amount, namely in accordance with which part of the working period he performed his official duties duties. It is on the basis of such situations that the concepts of "part-time" or "quarter of the rate" arose (that is, an employee works out only half or a quarter of the total normative amount of working time). For example, one can often find part-time job vacancies as a “cleaner”. However, job offers in such a schedule can be very diverse.
Part Time Types
So, TK calls part-time work not the only type of part-time work. There are several of them. So, for example, in addition to the above, the following types are distinguished:
- part-time work week;
- a combination of two other types of part-time work: part-time work with part-time work.
Accounting for the time during which employees were busy with their direct duties is carried out summarized.So, the most reasonable solution is to determine the general rate of working time, which, accordingly, should be reduced over a certain period. Many consider the most rational to install it for one calendar month.
How is this all implemented in practice? How to calculate part time? To understand, consider an example of part-time work, which implies receiving half of the salary for this position for half the time worked from the total working time norm for a specific position. Thus, if the standard working week for a particular specialty is five days, eight working hours, then part-time work in this case may imply one of the following options:
- work from Monday to Friday for four hours daily;
- work five hours from Monday to Thursday;
- draw up a special schedule, in which the employee works out eight hours on certain days, and on the other days off (if the schedule is floating, the employee must be familiarized with it in advance).
Establishment procedure
The initiator in order to establish a part-time job can be both the employee himself and the employer. This can be done directly at the time of employment, and at any time later. The procedure can make changes not only in the duration of the working day itself, but also in the working week or working time as a whole for a period (for example, for a month).
The legislation of the Russian Federation does not specify specifically what a work schedule should be in case of part-time work. The manager and employee can independently agree on how many hours or days the employee will perform his duties.
The order on the establishment of part-time must contain instructions on its time frame (whether it was introduced for a certain period or without a time limit). The exact number of hours and days that an employee will work must also be clearly indicated in the document in question.
If no time limits were introduced for the part-time regime, then the head of the organization still has the right to subsequently change its duration or cancel it altogether if the company changes the appropriate conditions that require a different working mode from employees.
The introduction of part-time at the request of the employee
In some cases, the establishment of a part-time job at the initiative of the employee is required, regardless of the desire or ability of the employer. This applies to the following categories of employees:
- women in position;
- guardians of minors;
- mothers who have a young child or a disabled child;
- adoptive parents;
- women who, according to a medical report, are forced to take care of a sick family member;
- disabled people;
- fathers who independently raise children;
- women who are on maternity leave (available not only for the mother, but also for the father, as well as for other relatives).
It is also mandatory to introduce a part-time four-hour working day for those employees who combine two positions in a state enterprise.
For all other groups of employees, a different system applies. They must additionally agree with the employer. If they find a compromise and can agree on an updated mode of operation, then the changes are introduced as quickly as possible.
It should be noted that the head of the enterprise does not have to respond to all requests of those employees for transferring to part-time work, which do not belong to the categories of workers described above, which are defined by law.
How is the procedure in question carried out? For this, an employee who wishes to change his work schedule must submit an application, and the employer must issue an appropriate transfer order for part-time work.
When hiring
How to get a part-time job for an employee at the stage of employment? This, as a rule, does not cause serious difficulties. In this case, the applicant must declare his desire at the moment when he submits an application to a certain company. Part-time work at the initiative of the employee should be indicated as acceptable working conditions for him. What might such a statement look like? The text of this document may be as follows: "Please take me to the position of" cleaning lady "part-time from (specific date)." Also, the considered working conditions will be discussed in the order, which will be drawn up by the employer.
Such changes to the work schedule of a particular employee can be made at any time. This can happen both at the request of the employee and the employer.
At the initiative of the employer
Sometimes some changes in the organization as a whole, usually related to production, force employers to change the working conditions of some of their employees or even entire departments, transferring them to part-time jobs. At the initiative of the employee, this procedure occurs fairly quickly, but in the case under consideration it will take some time. For example, the employer must notify the employee of such changes in advance, at least 2 months in advance. But what if the employee does not agree to switch to a part-time regime, and the manager does not have the opportunity to maintain the previous working conditions and previous earnings? In this case, the employment contract will have to be terminated. In this case, the employer will have to pay the employee monetary compensation, which cannot be less than the average monthly earnings of a particular employee.
It is important to remember that simply on his own initiative, the manager cannot change working conditions. For this there must be appropriate grounds provided by law. We are talking about changes in the organization of work of workers and production conditions in such a way that this does not allow them to use the labor of employees of the enterprise during the normal full period of working time. As a rule, such changes apply to the entire company, individual divisions or certain groups of employees. If there is no appropriate reason for this, the employer does not have the right to change the working conditions of individual employees when he so wishes. It's illegal.
If the necessary circumstances exist, what should be the following actions of the employer?
- To begin with, it is necessary to issue an order on what changes are made to the organization of production activities, their essence, as well as related instructions to certain officials.
- It is necessary to inform all employees who are affected by the changes in advance about how their professional circumstances will change, as well as from which moment it will happen.
- The personnel department receives an order that obliges them to sign, on signature, to familiarize all employees who are affected by changes in the organization of labor with the essence of these changes.
- Within the next two months from the moment the employee learned that he would be transferred to part-time work, he must in writing confirm his consent or refuse the conditions proposed by the management. An employee can change his mind at any time. This guide cannot forbid him.
- Employees who refuse the new conditions will be fired.
Vacation of employees who are officially less busy
Part-time work or part-time work does not imply that any time restrictions will be imposed on an employee’s vacation. Their duration may not be less than that provided by law as a minimum. This means that the duration of the vacation for those subordinates who prefer the part-time regime should not differ from that for those workers who work full time. She, in turn, should depend on how long the employee has work experience, as well as on how long vacation is provided for a certain position. For the vast majority of cases, it is twenty-eight days a year, both for those for whom part-time work is issued on the initiative of the employee, and for those who work full-time.
Moreover, both vacation and monetary compensation in the event of the dismissal of an employee who worked with the company on a part-time basis are paid the same as all other employees. Calculations are made on the basis of the average monthly wage, as well as the legally established duration of the leave.
The rights of workers who work outside the normative schedule
It is important to consider that part-time work on the initiative of an employee does not imply in any way restrict any of his labor rights. For example, he, like all his colleagues who are busy more, has the right to a vacation of the same length as those who work full time. Also, the employee who completed the part-time transfer retains the right to use such social guarantees as sick leave or maternity leave, as well as the right to receive appropriate payments.
How will this affect the staffing table? If for a particular employee a part-time was established at the initiative of the employee, then in most cases it is not necessary to change the current staffing. Some managers decide to accept another employee who will work part-time in the absence of another, or assign some duties that relate to the position in question to another employee who will perform them on a combination basis.
There is no need to make a separate entry in the workbook stating that the employee performs his job duties at the place of work not throughout the day, but according to a different gaafik.
Violation of law
Some employers decide to indicate that a part-time job was set at the initiative of the employee, while employees continue to work as much as before. However, experts strongly do not recommend doing this. Why? Of course, this significantly saves the organization’s money, but if the Gostrud department finds out about it (and, as a rule, this kind of information comes to official sources quickly enough, because no one will like to work more for less money), then the entrepreneur will be forced to pay serious fines to the state for such violations. And no previous savings compensate them.
Conclusion
So, as a rule, workers work full time. However, sometimes employees prefer to change their work schedule, reducing working hours. Sometimes such changes do not occur at all because of the employee’s desire, but because the company has developed circumstances that no longer allow employees to continue to perform their direct duties in the previous mode. This may be due to changes in production conditions or any other organizational issues or circumstances.
The changes under consideration can be implemented in various ways. The legislation does not predetermine in advance exactly what the work schedule should be in the conditions of this regime.So, for example, part-time work can be carried out as follows: from Monday to Friday at half normal, five hours four days a week, or by the principle of proportional distribution of fixed working hours (twenty hours a week) in a way that is convenient for the employee and employer .
If the company management wants to change the work schedule of its subordinates, it must have certain grounds for this, and quite serious ones. If not, then forcibly changing working conditions will be considered illegal. However, in the event that the necessary grounds for changing the working regime are available, and employees refuse to agree to future changes, then they must be dismissed. They, of course, must be paid compensation, which corresponds to at least the average monthly earnings of a particular employee.
If you are an employer, specialists strongly recommend that you adhere to the legal standards regarding when and how to transfer part-time employees. Some managers, for reasons of economy, officially transfer their subordinates to the schedule discussed in this article in order to pay them less wages, but at the same time force subordinates to continue working full time. This will not bring good results. Firstly, the lack of motivation for workers does not contribute to labor productivity. Secondly, such behavior is legally punishable. So, in the described case, the regulatory legal acts of the Russian Federation envisage heavy fines, which can cover all the “savings” you received earlier.
Stick to the law. Do not allow anyone to violate your labor rights, regardless of their position.