Russian labor legislation provides for a special form of employment in which an employee may not fulfill the eight-hour labor norm provided for in the contract, while remaining at full time and not subject to penalties or any other sanction measures. Such a paid reduction in the length of the working day is officially called part-time and is regulated by Art. 93 of the Labor Code of the Russian Federation.
Legislative regulation of part-time work
In 2017, the president signed the amendment to the Federal Law No. 125. The changes affected a number of parameters:
- Art. 101 was supplemented with a clause stating that if an employee of an enterprise is working on a part-time basis, the employer has the right to set an irregular day only if he (the labor element) works full day, but not a full week.
- In h. 1 Article 108 additional conditions are introduced that the employer has the right to indicate in local corporate documents the impossibility of a break for the employee, but only if his change does not exceed 4 hours.
- Addition to Part 3 of Art. 152: paid or compensated by additional vacation pay for production processing on weekends, holidays and other non-working days will not be taken into account when establishing the amount of overtime work that is paid extra.
- Article 153 h. 3. Additional payment is due for the number of hours actually worked during the non-working day. In addition, increased salaries are paid when part of the shift falls on a non-working day.
Art. 93 of the Labor Code of the Russian Federation is an article directly about an incomplete slave. time - was also edited.
additional information
The length of stay of workers from this category in the NRW mode cannot be limited by the employer, however, it should not exceed the time period due to circumstances that served as the reason for establishing this mode of work. That is, as soon as the circumstances of employees from the above categories come to an end (the pregnancy is over, a guardian is found for the child, a sick family member will recover), then they will again have to work full time.
Federal law regulates labor standards in the form of forty hours a week and 8 hours a day. At the same time, there are legal deviations from the norm: both in the form of a reduction, and in the form of adding additional hours (irregular work schedule).
It should be noted that when transferring an employee to a new operating mode, he has the right to independently create comfortable conditions for himself, such as: a suitable schedule, a convenient shift duration, a choice between part-time and part-time, breaks, vacation and sick leave - all these conditions are determined by the employee in agreement with the employer, taking into account local working conditions and production.
Types of NRV
The term "part-time" covers several types of employment:
- part-time: this is a form of reduced employment, which reduces the duration of a particular shift. With such a work schedule, when calculating the total time worked per week, the figure usually does not exceed fifteen hours;
- part-time work week: as the name implies, this is a decrease in the number of working days in a week, although a full eight-hour shift is being worked out. If both are reduced, then such a regime is called mixed;
- mixed form: the employee is reduced the number of working days and working hours at the same time. This is the most extreme option, which they try to resort to, if there is no other choice.For example, when an employee can work only four hours, two days a week.
Who is entitled to a part-time job. Explanation
In Art. 93, part 2 of the Labor Code of the Russian Federation, there is an annotation stating that the law obliges the employer to immediately respond to a request for the establishment of NRW by certain categories of the labor element. In particular, upon receipt of a written application from the following categories of workers, the employer must satisfy him:
- A single parent or guardian containing a child under the age of fourteen, or a disabled child under the age of majority.
- Those in the status of women.
- Persons caring for non-self-employed, seriously ill, with high stages of disability family members who themselves are not able to take care of themselves (in accordance with official medical conclusion, availability of certificates from medical institutions and all relevant regulatory acts).
As stated in Part 1 of Art. 93 of the Labor Code of the Russian Federation: if the relevant clauses were discussed in the employment contract, the employer cannot independently form the employees' work schedule, both for a specific deadline set in advance and negotiated in advance, and for an indefinite period.
Employer NRT Introduction
Earlier it was said that workers have the right to demand the adoption of an NIR by submitting a written statement that the employer cannot ignore (if the requirement meets the conditions prescribed in part 2 of article 93 of the Labor Code of the Russian Federation). However, the employer is a figure in labor relations and in some cases has the right to introduce part-time for the labor element in his own enterprise.
In accordance with Art. 74 of the Labor Code of the Russian Federation, in case of serious unplanned organizational changes at the enterprise, in the event of a crisis or other circumstances that may result in a partial or complete reduction in the staff, the employer is granted the right to introduce this form of employment for a period of not more than six months. Approval must be negotiated with the primary trade union organizations.
Employer Responsibilities
In the employment relationship, the employer has the function of enforcing the requirement, which is guaranteed to the employee by labor law, but may conflict with local regulations if such conditions were not previously negotiated. In other words, although the employer is obligated to update the requirement of a representative of any of the above group of workers, it must comply with the following conditions (commentary to article 93 of the Labor Code):
- The condition must be stated by both parties at the stage of signing the labor contract, taking into account local characteristics of the labor process.
- All time frames and terms of the specified form of employment should be discussed.
Any questions regarding schedules, breaks and working conditions are formed individually. The task of the employer is to find a middle ground between the wishes of the employee, the interests of the company and the requirements of the law in order to create the best working conditions for everyone.
In some cases, the authorities may introduce an irregular day - this is a mode of employment, which can be set only for a limited number of posts. The list of positions with irregular working hours, as a rule, is announced to applicants at the stage of contract execution. Those who are employed on conditions with an irregular schedule are involved in labor, including beyond the established limits.
NRV Application
A statement of desire to reduce labor time is sent directly to the employer - in accounting, or at his mailing address.
The application must be accompanied by:
- a certificate of medical examination in the office of a gynecologist in pregnant women;
- birth certificate / sample application for custody of the child;
- for custody of seriously ill relatives - a certificate from a medical institution.
NRV Order
The procedure for issuing an order by the employer to introduce part-time work is fundamentally different from the case when it was initiated by the employee, since the law greatly limits the scope of such an order.
To introduce NRW at the enterprise, the employer is obliged to present arguments in the direction of his position, since article 74 of the Labor Code of the Russian Federation indicates that he has the right to change the length of the originally established working time only under one condition: if this allows to avoid dismissal of employees due to difficult financial situation at the enterprise. To do this, specific accounting documents are provided to confirm the difficult situation, and this is accompanied by written comments by department heads who insist on taking this step in order to save jobs.
Salary
Art. 93 of the Labor Code of the Russian Federation (part-time) regulates the norms of remuneration in the NRV mode. The article indicates that the salary is formed based on the amount spent. That is, the less an employee works, the less they earn.
Of course, labor is paid not just by dividing the normalized salary by the number of missed days, but by a special time system. Time sheets are documents reflecting all the time you spent on work, as well as the amount of payment for the specified time. Along with a decrease in the number of days spent on work, the amount of salary also decreases.
Thus, it should be noted that with the introduction of this form of employment, no changes to the staffing plan are made in terms of the initially established salary, and no changes are made to the employment contract. Only real payments change, which is just stipulated in the labor contract from the very beginning.