The reduced working time is for persons with disabilities within 35 slaves. hours in one week. This is the same parameter for those who are employed in an official place, being within the age limits from sixteen to adulthood. For the younger, that is, until the age of sixteen, the reduced working time for employees is set at 24 hours / week. Special conditions are provided for forced labor in dangerous, harmful conditions.
Laws, rules
The reduced working hours and categories, the legislation for which they are envisaged to comply with, are regulated by applicable legal standards. The laws list both hours that a person can work out in a week, and features that allow you to rank someone in a specific group. For example, within 36 hours, those whose conditions are recognized as dangerous, harmful (or at the same time such and such) should work. Parameter per slave. a week is formulated in government documentation. A three-party commission specializing in social, labor relations, and regulation within our state participated in the development of this norm. An employee has the right to apply for a shortened working time, part-time work: the current legislation contains standards on which a person relies; providing a slave. a person does not have the right to force a specialist to be at work for a longer time period - this is against the law.
If it was decided to take on a permanent job a citizen undergoing training until adulthood, especially during the school year, then the employee has the right to go to his place only when he does not have classes in an educational organization. The law states that the standards are slave. half time, compared with minors working outside the school period.
Where to look?
All kinds of legal standards, restrictions and opportunities available to employees, employers are listed in detail in the current Labor Code. In addition to it, specific federal laws governing the employment of specific groups of citizens are significant. In particular, the Federal Law was issued to protect the rights of persons with disabilities. It lists both the legal standards for employment and the privileges that such persons, opportunities, concessions, and the employer's obligations to provide a job can count on.
The shortened working hours should be extended to the target group of citizens, it is necessary to find out in the latest version of the legislation. New edits, additions and clarifications are regularly introduced that regulate both the duration of the working time period and the features of being assigned to one or another category of workers. In order not to violate the law, the employer should study the TC and all thematic federal laws related to the characteristics of the personnel involved in his enterprise. Workers should also be aware of legal regulations in order to know what they are entitled to, what they can count on and what they should uphold.
Work - not work?
The law regulates how many hours must be worked out per week so that the employer has no complaints against the employee.Belonging to a certain category usually has to be proved, and the documents necessary for this are specified in the law. Under the previous wording for each category that has the right to reduce the duration of the working period, it was indicated how many hours less a week they can work than all the others.
So, if we are talking about an employee whose age varies between 16-18 years, then, according to old standards, it was necessary to give him the opportunity to work 4 hours less per week than those who work according to general rules. But according to the latest rules regarding normal working hours, the reduced working time is 35 hours. The indicator applies to the entire working week in total. In fact, before the minor staff (but over 16) worked 36 hours, but now the time has been reduced by an hour.
Why and how much?
Lawmakers explained that now the reduced working time is set by such a scheme, since the previous version did not correspond to the declared TC. If minors worked for five days, worked seven hours a day daily, this violated the laws. To eliminate the conflict, unfair situation, it was decided to amend the regulations, changing the duration by an hour in a smaller direction.
In fact, the current legislation establishes a shorter working time:
- outside the school year, aged 14-16 years - 24 hours;
- out of the school year at 16-18 years - 35 hours;
- in the school year at 14-16 years - 12 hours;
- in the school year at 16-18 years - 17.5 hours
Officially and legally
The adopted normative acts contain recommendations on concluding an employment contract in adulthood at the same time as passing the general education program. If, in compliance with the federal laws, a person wishes to leave an educational institution, he also has the right to sign an AP with the organization.
If a minor child over fourteen wants to get a job, it is necessary to provide the written consent of the person responsible for it. In the absence of such, official permission of the state authority is required. Within the framework of the agreement, a shorter working time is established, activity restrictions are introduced: only easy tasks can be trusted. It is unacceptable to occupy the child with working issues while they are in the educational institution, work begins only after (before) classes. It is unacceptable to involve the child in conditions that could adversely affect health or the quality of learning the curriculum.
Specific case
In some cases, an employment arrangement governing the relevant relationship can be concluded even with persons under the age of 14. This applies to circuses, theaters, as well as companies involved in various performances, concerts, making films. To conclude an agreement, it is necessary to obtain the consent of the person responsible for the child - the parent or guardian, the public authority entrusted with it. As part of such an arrangement, a reduced working time is also provided. The legislation permits labor relations, the purpose of which is the presentation, performance, creation of a work. Serious restrictions are imposed: a child cannot be involved in work on such a project that can damage his mental, physical, moral health, development.
The legislation additionally stipulates that before reaching adulthood, in any case, a shorter working time is mandatory, does not play a role in which area a person works. Neither the form of ownership, nor the organizational, as well as the various legal aspects of ensuring the activity determine anything.Legislative standards within which shortened working hours are regulated constitute an uncorrectable imperative. Even in the case when the child or those responsible for him are ready to give consent for a longer time period of work, this would be contrary to the law, and therefore not allowed.
I can, I want and I will
You can write a special appeal to the address of the manager providing the workplace to establish a reduced working time. This may be a minor employee of the enterprise. As part of the execution of the request, the employer offers part-time work. In some cases, an alternative is considered a flexible schedule or a remote workplace, involving the fulfillment of duties at home.
In general, a shorter working time is a normative labor feature of legal relations arising between an employee, an employer. This means that some categories have the right to rely on such conditions, for which they are not entitled to reduce wages. This rule does not apply to underage employees of the enterprise, including those who have drawn up an appeal to establish a reduced working time.
To pay or not to pay?
The law stipulates that when paying for hours worked when employing minors, the employer is required to make a specific calculation of the payment, taking into account the shortened working hours. The company may transfer additional remuneration to the employee at the expense of its own resources. This helps to raise wages for work performed to the wage level of those who work full-time every day.
If a minor citizen is involved in the work process, while the labor agreement involves piecework, then the calculation is made taking into account the entered TD rates. If desired, the company has the right to pay the employee more - funds are allocated from their own organization. For example, some companies practice extra payments for the time, taking into account the tariff rates adopted in the legal entity.
Learn and work: all at once
If you hired a minor employee studying in a general education institution, as well as receiving vocational education (at any level: primary, secondary, higher), then the specific conditions apply for a certain time frame. If the student works during the time when he is not involved in the passage of the educational program, then the employer pays off with him, evaluating the output, taking into account the number of hours worked by the employee. There is no need to pay extra to full wages, although this is possible on a personal initiative and at one’s own expense. This is practiced if a valuable workforce has been hired, which is important to keep until the end of his education with the aim of permanent employment in the regular program after graduation.
When employing a minor undergoing a general education program, but currently on vacation, it must be remembered that the standards prescribed in the Labor Code and Federal Law on labor process at the appropriate age are mandatory.
Normative indicators
When employing a 14-16-year-old teenager per day, an employee can work 2.5 hours; when employing a 16-18-year-old teenager, you can demand a full four working hours daily, if a person is forced to combine work activity with an educational program.
Specific employee groups
The reduced working hours of teachers is 36 hours. This is the same standard for those who are forced to work in dangerous conditions or under the influence of harmful factors.At present, the list has entered into force, where the workshops, professions, production conditions, and positions in which workers work in harmful, dangerous conditions are indicated. If, according to the TD, a person is involved in just such an area, he is entitled to full wages, provided that he works 36 hours in a five-day week. A special instruction was also introduced that regulates the specifics of the application of this list in real legal relations. Incidentally, for the first time such legal acts regulating the relationship between workers and employers were adopted back in 1974.
It is necessary to reduce the duration of only days when a person goes to work in harmful conditions. If on different days of the working week a person works in different places, and only some of them are characterized by harmful factors, then daily reductions are not needed. Also, no reduction is required if under the influence of harmful factors a person is forced to work less than half of the reduced duration of labor activity. In this case, it is necessary to take into account the standards introduced by specific federal laws, articles of the Customs Code that regulate a specific area of activity, specialization of workshops, production, and positions.
Disability: the right to preferences
As practice shows, currently finding a job with a disabled person’s crust is rather difficult; employers rarely agree to hire a person who is required by law to provide a number of privileges. If it was possible to find a workplace, it is necessary to use all the opportunities declared in the legislation. In particular, it is indicated that in the first, second group of disabilities, a person should work only 35 hours a week, while receiving the same wages as workers full week in the company.
If a person with disabilities receives part-time working conditions, then it is important to consider the standards of the rehabilitation program. To calculate wages, the hours worked are taken into account, the standard for wages is analyzed, on the basis of which specific values for payment are calculated.
Women: special approach
In some areas of labor activity, the fair sex can count on certain preferences. In particular, this applies to agriculture - only 36 hours must be worked out per week to receive standard salaries. In some cases, the duration may be shorter if a woman falls under other points of the law (age restrictions, disability are mentioned above).
It is necessary to pay a woman the same wage as she would have received by working a full week. These standards are clearly spelled out in official legal documents dedicated to the advancement of women in our country.