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Part-time workers. Part-time work for part-time workers. The introduction of a shortened working day

Equal to forty hours. However, according to labor standards, some workers are entitled to reduced or part-time work. Despite the apparent similarity of the name, these concepts are not identical: they are used according to various grounds and lead to different consequences.

Part-time employment - what is it?

By agreement with the employer, certain categories of employees may work part-time. This is possible by reducing the number of hours worked per week (for example, from forty to thirty) or by reducing the number of days worked per week while maintaining their standard duration (for example, working eight hours from Monday to Thursday).

Payment under this schedule will be made either for hours worked or for the amount of work performed. It is worth emphasizing that this type of employment does not affect vacation or calculation, that is, vacation, seniority, sick leave, and other payments will be considered in the same way as with a full working day (week).

Who is eligible for part-time work?

You can apply for a transfer to a part-time schedule:

• pregnant women;
• raising a child under the age of fourteen;
• workers raising a disabled child up to the age of majority;
• employees caring for a sick family member.

The reduction of the week (day) is set by them upon their personal application, while the employer does not have the right to refuse, regardless of the nature of the work.

Part-time employment is also possible for employees raising children under three years of age, and with the preservation of the right to benefits.

Part-time work at the initiative of the employee can be set to certain period(for example, until the child reaches a certain age) or indefinitely.

As in the first case, payment will be made based on the hours (shifts) actually worked, while retaining the right to full leave and adding hours worked to the length of service.

Shortening the working day

Unlike part-time, a shortened day is set without fail, regardless of the desire of the employee or employer, to the following categories:

• teachers and those working in hazardous and/or hazardous conditions- 36 hours;
• disabled people of the first and second groups - 35 hours:
• employees under the age of sixteen - 24 hours.

The working day is reduced by an hour for absolutely everyone working on the holiday, including if the holiday fell on a weekend and was postponed. In addition, a reduced day can be set for other categories of employees, for example, those working with materials infected with the immunodeficiency virus, doctors, as well as certain cases, for example, during the summer months.

Payment for the reduced work time charged as for the full worked. In other words, a reduced number of hours for these categories of employees is the norm, and only their shortfall will lead to the need to recalculate salaries.

Thus, the concepts of reduced and incomplete time are different from each other. The first is a variant of the norm, the second is the possibility of reducing it without saving earnings for unworked hours.

With the modern rhythm of life, it is not always convenient for an employee to devote the whole day to work, and for the head of the company to pay a full salary. In this regard, the concept of "part-time work" has already firmly entered our lives. The employee, in the allotted time, will try to demonstrate his maximum abilities and output in order to go home as soon as possible, and the director will be able to save a lot, since payment is made for a specific period worked. Let's talk about payroll for part-time work, give examples with amounts and postings.

Part time concept

Part-time work - a type of employment in which the employee's working time is reduced, simultaneously with a decrease in wages. Read also the article: → "". There are several options for organizing this type of activity:

• reduction of working hours by reducing the number of working hours;
• maintaining working hours, but reducing the number of working days per week;
• individual layout, prescribed in the employment contract.

The reason for the introduction of part-time work at the enterprise may be a period of crisis, when it is necessary to reduce the number of jobs, but the manager cannot do this, leaves all employees on the terms of maintaining the workplace, but reducing wages. Another reason may be the pregnancy of an employee, or the care of a seriously ill relative who cannot be left unattended for a long time. Or maybe just the nature of the work of the employee.

Reduced and part-time work, although they have a similar meaning, do not mean the same thing in personnel records. The shortened working day is worked by teenagers who have not reached the age of 18, the disabled. The length of their working week should not be more than 36 hours (or 35.34 - by agreement with the manager), and the employee receives wages as for 40 hours of hours worked.

In case of part-time work, the number of working hours is determined on the basis of an agreement and a concluded contract, and payment is made in proportion to the hours worked.

Important! A shortened day may be for persons under the age of 18, or limited in their abilities. Part-time work - for all other categories of citizens.

The author's course by Olga Likina (Accountant M.Video Management) is great for organizing personnel records in a company for beginners and accountants ⇓

Payment methods, procedure and calculation formula

To learn how to correctly calculate the amount of payments, you need to clearly understand how a certain type of wage is calculated.

In addition, the salary can be divided into:

Basic:

• salary or piecework income;
• awards for a job well done;
• other surcharges.

Additional:

• payment vacation And sick leave, in case of disability;
• reimbursement of expenses incurred in connection with travel, accommodation and meals (for example, during business trips);
• bonus payments that are not included in the scope of the main labor agreement.

The established calculation formulas are applied depending on the forms of remuneration:

1. For piecework wages, the following calculation is used: Salary = cost of products specified in the contract * volume of products manufactured for the period + accrued bonuses + other surcharges - income tax - other deductions.
2. Time payment is calculated according to the formula: Salary = amount of salary / total number working days * number of days actually worked + bonus amount - income tax individuals- retained amounts . Read also the article: → "".

The above formulas are relevant when the employment contract states that the employment conditions are part-time and the employee has worked the prescribed hours.

When an employee has not fully worked the required hours, the calculation algorithm will be different:

Calculation of wages at a wage rate at a rate of ½ or ¼:

• Salary at the rate ½ = salary at the full rate * 0.5
• ¼ salary = full salary *0.25

Calculation example No. 1. Employee Kovalev A.A. issued under an employment contract, the rate is ½, from November 11, 2016 to the position of equipment sales manager. The full salary for this position is 25,000, according to staffing. Calculate wages for an incomplete month.

First you need to determine the number of working and weekend days, November fell:

• workers -21 days;
• weekends -9 days.

From November 11 to November 30, the employee worked 14 days. Further, the calculation takes place according to the formula: 25,000 / 21 * 14 \u003d 16,666.67 rubles - wages for the period from November 11 to November 30. The rate of Kovalev A.A. is ½, respectively, the amount of payment will be:

Salary for November \u003d 16,666.67 * 0.5 \u003d 8,333.34 rubles

Under piecework conditions, the calculation is much easier. It is enough to know the amount of payment per unit of production and the quantity of goods sold.

Minimum payout

According to Article 133 of the Labor Code, if the employee has fully worked out the time established by the labor agreement, the amount of payment for his work should not be lower than the minimum wage ( minimum size wages). For example, in 2016 this indicator in Moscow is 17,561 rubles. Under working conditions at a rate of ½, wages cannot be less than 8,780.50 rubles, that is, in proportion to the established minimum:

ZP \u003d 17,561 * 0.5 \u003d 8,780.50 rubles

Calculation example No. 2. On the farm "Podsolnushko" Krasnodar Territory in 2016, there were two employees: tractor driver Klyuev and driver Petrov. Klyuev has a full-time job and his salary is 11,000 rubles, Petrov works at a rate of ½ and his salary is 5,000 rubles. Determine if the data violates the payment in fixed amount labor law.

minimum wage in Krasnodar Territory in 2016 was 10,366 rubles. Klyuev's salary exceeds given value, in this connection, the management does not violate his rights. But in relation to Petrov, their actions are illegal, since his rate is ½, then the amount of payment should not be less than 5,183 rubles.

It is worth remembering that the minimum wage in different regions set individually. The table shows how the indicators differ. It all depends on the different levels of inflation in different regions and on the established subsistence minimum. Wages, with part-time work, may be less than the minimum wage, but only in proportion to the rate.

Pre-holiday days with part-time work

The labor legislation stipulates the reduction of the pre-holiday day by one hour. Employees registered at 0.5 rates are also entitled to use this privilege. This benefit does not apply to the category of workers whose work must not be interrupted. The employer, in turn, can compensate for the unused benefit with payments or additional rest.

Pre-holiday days are the days before official holidays. Their list is established long before the calendar year and is available in any information source, along with the production calendar. If an official holiday falls on a Monday, then Friday is not a pre-holiday day.

What days are considered pre-holidays:

1. This category includes working days on the eve of the holiday. For example, if February 23 falls on a Monday, then Friday does not fall under this definition and cannot be a shortened day.
2. Religious customs established in the respective regions are also equated with federal holidays. For example, Parents' Day in the Krasnodar Territory has been a day off for many years, by decree of the governor. And in Moscow - a normal working day.

For workers with labor activity part-time workers who doubt their rights, the labor code says: employees registered at ½ rate have the same benefits and benefits along with everyone else: the right to paid leave, accrual seniority and others. Based on this, employees with incomplete labor day also work an hour less, while always correct documenting given fact:

1. Drawing up an order to establish a working time regime, in which this range will be clearly stated, taking into account the lunch break;
2. Instead of 8 hours worked, the timesheet must indicate 7, and for part-time workers, instead of 4, put the number 3.

Part-time processing

If management decides to classify it as overtime, then it is necessary to keep an accurate record of the hours worked, as well as take the written consent of the employee. But firms rarely do this, only when emergency situations(flood, fire, epidemic), when the fact of overtime work is obvious.

It is worth remembering that the payment for the first two hours, in this case, is carried out in one and a half times, the subsequent ones - in double. If the work is not overtime, the extra hours are paid at the regular rate. If the employee is delayed of his own free will, then the company is not required to make any additional payments, only at the discretion of the manager. To include recycling in this category, the initiative must come from the leader.

As a result, organizations rarely recognize the delay of an employee as overtime, despite the strictness of the law and high penalties. After all, if given fact is made public, the perpetrator faces a fine of up to 50 thousand, or the closure of the organization for a period of 90 days.

Top 5 Frequently Asked Questions about Pay

Question number 1. How long is the working time for part-time work?

No more than 40 hours per week.

Question number 2. Is an employee entitled to leave for part-time work?

Yes, the employee has the right to enjoy all the rights and benefits that other employees have.

Question number 3. How is a part-time employee hired?

By order of the head, which is drawn up on the basis of the concluded employment contract.

Question number 4. What is the entry in the work book for part-time work?

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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). Also possible and combined option when both the number of working hours per day and the number of working days per week decrease.

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, certain categories of workers are named in the Labor Code of the Russian Federation, 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

For incomplete working week(part-time) employees can also be transferred at the initiative of the employer. But only if the organizational or technological working conditions have changed at the enterprise, and this may lead to mass layoffs of workers. Then, in order to save jobs, the employer can introduce a part-time regime for up to 6 months, taking into account the opinion of the trade union organization, if there is one in the organization (

A number of enterprises in the new year are experiencing economic difficulties caused by the lack of new contracts, a decrease in production and sales, with a lack working capital. Our company is no exception. Therefore, the company's management decided to reduce labor costs by introducing part-time work, believing that employees have high labor productivity and they can cope with their duties in an incomplete (four-day) working week. Consider the procedure for introducing part-time work in the enterprise.

The administration of the enterprise has two ways - this is to issue and pay for downtime at the enterprise or to issue an agreement with an employee on the introduction of a part-time work week.

Downtime at the initiative of the employer; due to circumstances beyond the control of either the employee or the employer, it involves payment in the amount of at least 2/3 of the employee.

Therefore, employers choose the second option and announce the introduction of part-time work at the enterprise.

The introduction of part-time work at the initiative of the employer

At the same time, part-time work cannot be introduced due to the organization's lack of profit, a decrease in sales, or an economic crisis.
Labor legislation as a reason for introducing part-time work allows only a change in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons).

In order to avoid claims from labor inspectorate, management coordinates its decision with the trade union (if any), and also notifies the employment service authorities of upcoming changes in working hours.

Published by the enterprise order on the introduction of part-time work.

Given to all employees statement, in which they ask to establish a part-time work week for them.

Attached to the application additional agreement to an employment contract that states:

- a part-time work week is established;

It is worth paying attention to the restriction established regarding the duration of the part-time working week regime - it cannot exceed six months.

Part-time work does not affect the duration, calculation of seniority and other labor rights.

The employee has the right to refuse to work in part-time mode. If an employee does not wish to work part-time or part-time, then employment contract terminated at the initiative of the employer on the basis of a reduction in the number or staff of the organization's employees or by agreement of the parties. The employee is provided with appropriate guarantees and.

Examples of payroll for part-time work

Example 1

March 2014 – 20 working shifts; April 2014 – 22 working shifts; in May 2014 - 19 working shifts (according to the production calendar).

30,000 rubles / 20 shifts x 18 worked shifts = 27,000 rubles.

30,000 rubles / 22 shifts x 18 worked shifts = 24,545.46 rubles.

30,000 rubles / 19 shifts x 18 worked shifts = 28,421.05 rubles.

Example 2

Sergeev A.N. since March 17, 2014 to May 18, 2014 will work part-time. His monthly salary is 30,000 rubles.
March 2014 – 159 working hours; April 2014 – 175 working hours; in May 2014 - 151 working hours (according to the production calendar).

March 2014 salary will be:

30,000 rubles / 159 hours x 143 hours worked = 26,981.13 rubles.

April 2014 salary will be:

30,000 rubles / 175 hours x 143 hours worked = 24,514.29 rubles

May 2014 salary will be:

30,000 rubles / 151 hours x 143 hours worked \u003d 28,410.60 rubles.

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A request to arrange part-time work at the initiative of an employee rarely pleases employers. After all, this means that a person will work less, which means that he will not be able to fully fulfill his duties. But the law allows you to switch to a reduced working day or week if there are serious reasons.

general information

A working citizen of the Russian Federation, on average, must work at least 40 hours a week. For some categories of workers (minors, disabled people, etc.) other labor standards have been established. But for most workers, 40 hours is far from the limit, so the extra time is paid as overtime.

However, overtime also has its limitations. So, for example, a person cannot work more than 4 hours 2 days in a row. The total duration of additional hours of work per year should not exceed 120 hours. It is not difficult to calculate that the working week can increase by a maximum of 16 hours.

Employees often need to reduce time spent at work due to certain personal circumstances. The law allows employees to enjoy this benefit. But the agreement between him and his immediate supervisor must be documented.

The employer can both refuse and allow to reduce this rate. He is not entitled to refuse only when the request is voiced by a pregnant employee, an employee with a young child, etc. If the employee has other reasons for reducing working hours, then the issue is at the discretion of the manager.

Decor

The part-time work regime must be formalized by law. It is not enough to coordinate the issue with the authorities and start going to work according to the new schedule. Without registration, it will only be absenteeism and an additional reason for dismissal. As for the timing, the manager can transfer an employee to a part-time job for any period, for example, for a week or a month.

Bosses can reduce time in the following ways:

• reduce the number of working hours per day;
• set the minimum duration of the working 5-day;
• use both methods, reducing both the hours and the number of working days.

IN Labor Code you can find information only about the maximum number of working hours per week. The minimum norm is contained in the resolution of the State Committee for Labor, and this must be taken into account when reducing the time. Working day, according to this normative act must be at least 4 hours. Accordingly, a week is 20 hours of work. This limit must be taken into account, although the law does not prohibit when production needs(when the employer is the initiator) work 2 hours a day or only a few days a week.

Read also Types of breaks that are included in working hours and paid

When an employee asks for a reduction in working time, he himself sets the required length of the day or week. But this may not suit the employer, so you need to find a compromise and reduce the number of hours so that this does not infringe on the rights of both parties.

According to labor law, an employee can ask the boss for part-time work, not only being already employed, but also when applying for a job. In the first case, the parties are required to conclude an additional agreement to the employment contract, which should indicate the following:

• terms of reduced working hours;
• cause;
• details of the parties.

This document is drawn up in several copies, one of which remains with the subordinate. If the employee expresses his request during employment, then all necessary information specified in the agreement itself.

The employer may demand from his subordinate documents confirming the need to reduce the working day. This can be, for example, a medical certificate (during pregnancy), a birth certificate, etc.

An employee of the personnel department is obliged to make appropriate changes to the time sheet. As a rule, many enterprises use the T-12 form. If the employee has issued a part-time job, then in columns 4 and 6 it is necessary to indicate a special letter code (“I”) or put “01”.

If this is a shortened week, then the days off are indicated by the letter "B" or the numbers "26". When filling work book information on reduced working hours is not indicated either during employment or during the subsequent dismissal of an employee.

Statement

For registration of part-time work at the initiative of a subordinate, his application is required. The form of the document is not prescribed by law, so you can use a suitable sample from the personnel department. An application for a part-time transfer must contain the following items:

• the length of the period when a person needs a part-time job or a week;
• type of reduced working time;
• the date from which the new schedule will be in effect.

The application must be made in two copies. One document remains with the employer, and he signs the second and gives it to the employee. If the employee does not have documents certifying a serious reason for reducing working time, then the manager is obliged to warn him in possible failure. The employer also has the right to demand this document officially.

Read also The nuances of the length of the working day of a disabled person, benefits and guarantees

Order

If the parties have agreed to reduce working hours, then the employer must issue an order to transfer the subordinate to a new schedule. In the case when the boss will reduce the work time of an already employed employee, the order is drawn up in a free form. The compiler only needs to follow the rules of office work and indicate the basic information.

If an order to transfer to a part-time job at the initiative of a subordinate is issued during his employment, then the employer uses a special T-1 form.

Salary

In the case of registration of reduced working hours, the employee must understand that his earnings will suffer from this. In other words, it will be equal to either the amount of time worked or the amount of work done. But these are the only restrictions that await an employee with a part-time job.

Let's say Sokolova P.L. as a manager with a standard 40-hour work week, she received a monthly salary of 45 thousand rubles. In connection with the care of a sick relative, she was transferred to a shortened day. Now instead of 8 hours a day, she works only 6.

What salary can she receive, suppose, for October, which has 21 working days? To calculate, you need to divide 45 thousand rubles by 40 hours, and then multiply by 30. 45,000 / 40 * 30 \u003d 33,750 rubles. This will be the salary of Sokolova P.L. for October with part-time work. If there is a need to calculate the average wage, then it is carried out in a standard way and taking into account payment when the entire norm is fulfilled.

The employer does not have the right to reduce the vacation of a subordinate, compensating for his shortened working week with rest days. This also applies sick leave, which the employer is obliged to provide according to all the rules. Also, there are no restrictions related to insurance premiums, accounting for seniority, etc.

Employer initiative

Reduced time can be set not only at the request of one or more employees. Sometimes this step is used by organizations with some economic problems or changes in technological process. In the first case, the employer has only two options - part-time work or staff reduction.