New rules for establishing part-time work for an employee. Part-time work at the request of the employee and not only Article 93 part 3

Full text of Art. 93 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 93 of the Labor Code of the Russian Federation.

By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as the person carrying out caring for a sick family member in accordance with a medical certificate issued in the manner established federal laws and other regulatory legal acts Russian Federation.
When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.

Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.

Commentary on Article 93 of the Labor Code of the Russian Federation

1. Part-time work is the implementation of work under conditions of working hours less than those established by law and regulatory documents.

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Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B. Modern economic dictionary. M.: INFRA-M, 2006.

The employee's implementation of his job responsibilities part-time work is possible in two cases:
- if there is an agreement between the employee and the employer;
- mandatory due to legal requirements.

May be installed incompletely work time two types:
- part-time work week;
- part-time work.

Employee and employer mutual agreement decide which type of part-time work to give preference to.

The main condition for working part-time in the first case is the achievement of an agreement between the employee and the employer, secured in writing by the signatures of both parties and which is an integral part of the employment contract previously concluded by the parties.

In cases where a part-time working schedule is established for an employee directly upon hiring (for example, part-time work), this is stipulated in the employment contract concluded by the parties, and no additional agreement is required.

2. In addition, the legislator has established cases when the employer is obliged to establish part-time work for an employee:
- regarding pregnant women. For this category of workers, the employer is obliged to establish a part-time working week or part-time working day in accordance with the employee’s request. In this case, the number of working hours is determined by the woman based on her well-being. Note that labor legislation In this case, there is no minimum threshold for part-time work. Thus, the choice of the number of working hours per shift or working day or working week is made by the workers themselves, and the employer can only satisfy such a request. It is obligatory for the pregnant woman to express such a request in writing. It seems that when submitting an application to establish a part-time working schedule, a pregnant woman must submit relevant documents confirming the state of pregnancy, although this is not directly stated by the legislator. The employer will pay such an employee in proportion to the time worked during the month, which does not constitute any restriction or discrimination. In addition, in this case, the calculation of maternity benefits according to general rule is calculated at 100% of her average earnings (Article 11 of the Federal Law “On compulsory social insurance against accidents at work and occupational diseases”). Thus, the smaller the number of working hours, the smaller the amount of benefits a pregnant woman can receive in the future;
- in relation to parents, guardians or trustees who have a child under the age of fourteen years (a disabled child under the age of eighteen). The legal status of guardians and trustees is regulated by the Civil Code of the Russian Federation (ogkrf.ru) and the Federal Law of April 24, 2008 N 48-FZ “On Guardianship and Trusteeship”. Disabled children are persons from among the disabled under the age of eighteen (see Federal Law "On social protection disabled people in the Russian Federation").

The application of these employees for the opportunity to perform their duties on a part-time basis is accompanied by: a child’s birth certificate; document confirming relationship (for parents) (for example, adoption certificate); a document confirming the right to exercise guardianship or guardianship; documents confirming that the child has a disability.

In this case, wages are also paid to employees in proportion to the time worked by the employee;
- in relation to employees who, due to existing family and life circumstances, are caring for a sick family member. In this case, the specified category of employees must attach to a written application and submit to the employer documents confirming that their family member needs constant care in accordance with a medical report. The procedure for issuing the relevant medical report is established by order of the Ministry of Health and Social Development of the Russian Federation dated May 2, 2012 N 441n “On approval of the Procedure for issuing medical organizations certificates and medical reports."

It seems that in all cases when an employee is assigned a part-time working regime based on the employee’s application, the employer must issue the appropriate order or instruction to establish a specific regime for a specific employee, indicating the duration work shift, working day or working week.

An important circumstance of performing work part-time, regardless of whether such a regime is established by agreement between the employee and the employer or on the basis of a written application from the employee, is the provision of full annual paid leave to employees. The legislator prohibits restrictions on annual basic leave.

In addition, it is prohibited to limit the length of service, as well as any other labor rights for employees performing their job duties on a part-time basis.

Another comment to Art. 93 Labor Code of the Russian Federation

1. Part-time working time is working time determined by agreement between the employee and the employer, the duration of which is less than the normal or reduced working time established by the employer.

2. Part-time working time can act as a part-time working week or as a part-time working day (shift). With a part-time working day (shift), the duration of daily work is reduced, but the working week remains five or six days. A part-time work week is a reduction in the number of working days while maintaining the established duration of the work shift. It is possible to simultaneously reduce the working day (shift) and the working week. Moreover, working hours can be reduced by any number of hours or working days without restrictions. Part-time or part-time work can be established both upon hiring and subsequently.

3. Part 1 of the commented article defines the circle of persons whose requirement to establish part-time work is mandatory for the employer. The employer is also obliged to satisfy the disabled person’s request for part-time work if the disabled person’s individual program recommends a shorter working time than established by law (Article 224 of the Labor Code).

Other employees require the consent of the employer to establish part-time work.

4. The initiator of establishing part-time work is the employee. In cases established by law, part-time work may be introduced at the initiative of the employer. On the procedure for introducing part-time work at the initiative of the employer.

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By agreement of the parties to the employment contract, an employee, both upon hiring and subsequently, may be assigned part-time working hours (part-time working day (shift) and (or) part-time working week, including with the division of the working day into parts). Part-time working hours can be established either without a time limit or for any period agreed upon by the parties to the employment contract.

The employer is obliged to establish part-time working hours at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as a person caring for a sick family member in accordance with with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. In this case, part-time working time is established for a period convenient for the employee, but not more than for the period of existence of the circumstances that were the basis for the mandatory establishment of part-time working time, and the regime of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks from work is established in accordance with the wishes of the employee, taking into account the production (work) conditions of the given employer.

When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.

Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.

Commentary to Art. 93 Labor Code of the Russian Federation

1. Part-time working time (part-time or part-time work week) may be established by agreement of the parties (at certain period or without specifying a period) with payment in proportion to the time worked or depending on the amount of work performed.2. For certain categories of employees (pregnant women, people with minor children, caring for a sick family member in accordance with a medical report), the employer is obliged to fulfill the request to work on a part-time basis.3. Part-time workers have the same rights as full-time (weekly) workers.

Judicial practice under Article 93 of the Labor Code of the Russian Federation

Determination of the Supreme Court of the Russian Federation dated December 1, 1998 N 49-B98-17

From the case materials it is clear that the wages of the employees of Tuymazykhimmash OJSC, including the plaintiff, in violation of the requirements of Art. 96 of the Labor Code of the Russian Federation and, accordingly, Art. Labor Code Republic of Bashkortostan, providing for payment wages at least every half month, was not paid on time, and by November 1995, several months of wages were in arrears.

Determination of the Supreme Court of the Russian Federation dated September 12, 2007 N 91-G07-22

During the development of these Terms and Conditions, the requirements of Art. Art. , , 60.1 , , Labor Code of the Russian Federation on the prohibition of discrimination, equality of opportunity for workers in the exercise of their rights; the dependence of wages on the qualifications of the employee, the complexity, quantity and quality of the work he performs, the rules of payment for part-time work and part-time or part-time work.

Decision of the Supreme Court of the Russian Federation dated July 25, 2012 N AKPI12-726

K. appealed to the Supreme Court of the Russian Federation with an application to invalidate the specified regulatory provision in the part that does not allow the inclusion in her special work periods of work from September 1, 2000 to October 1, 2004, when she did not fulfill the established wage rate norm teaching load. Believes that the norm contested in part does not comply with articles of the Labor Code of the Russian Federation, paragraph 12 of the Regulations on the procedure and conditions for the use of labor for women with children and working part-time, approved by the resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 N / 8-51, and limits her right to early assignment of an old-age labor pension.

Ruling of the Supreme Court of the Russian Federation dated November 15, 2012 N APL12-646

K.V. appealed to the Supreme Court of the Russian Federation with an application to invalidate the specified regulatory provision in the part that does not allow including in her special experience periods of work from September 1, 2000 to October 1, 2004, when she did not comply with the pedagogical norm established for the wage rate loads. In support of the stated requirement, the applicant indicated that the norm contested in part does not comply with articles of the Labor Code of the Russian Federation, paragraphs 1, 12, 15 of the Regulations on the procedure and conditions for the use of labor for women with children and working part-time, approved by a resolution of the State Committee for Labor of the USSR, the Secretariat All-Union Central Council of Trade Unions dated April 29, 1980 N /8-51, and limits her right to early assignment of an old-age labor pension.

Ruling of the Supreme Court of the Russian Federation dated June 16, 2015 N 301-KG15-5751 in case N A39-3748/2014

In these circumstances, the courts, guided by the provisions of articles , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Labor Code of the Russian Federation of the Russian Federation, Article 11.1 of the Federal Law of December 29, 2006 N 255-FZ “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity”, as well as the explanations set out in paragraph 20 of the resolution of the plenum Supreme Court of the Russian Federation dated January 28, 2014 N 1 “On the application of legislation regulating the labor of women, persons with family responsibilities and minors”, they came to the conclusion that the simultaneous use of two or more leaves is not provided for by the labor legislation of the Russian Federation, and the fund rightfully refused to accept the company to offset the expenses he unreasonably incurred for the payment of child care benefits during the time the named employees were on their next main leave.

Determination of the Constitutional Court of the Russian Federation dated November 19, 2015 N 2627-O

In addition, the applicant challenges the constitutionality of the interpretation by the courts of general jurisdiction of part three of Article of the Labor Code of the Russian Federation, according to which part-time work does not entail for employees any restrictions on the duration of the annual basic paid leave, calculation of seniority and other labor rights.

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated June 17, 2019 N 32-КГ19-14

Rejecting the arguments of Pisareva D.A. about failure to fulfill obligations under the said agreements due to unforeseen circumstances - the establishment of disability for her son V., whom she is raising alone, and his need for rehabilitation, the court of first instance, referring to the provisions of articles “On the basics of compulsory social insurance”, articles 1.1, 2.2, 4.7, 11.1, 13 of the Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with maternity", articles 3, 4 of the Federal Law of May 19, 1995 N 81-FZ "On state benefits to citizens with children,” the courts satisfied the stated requirements, not finding excessive payment of child care benefits.

Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 N 1

According to the article of the Labor Code of the Russian Federation, a part-time working day (shift) or a part-time working week is established for pregnant women, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), a person caring for a sick family member in accordance with a medical report. Providing such working hours is carried out on the basis of an application from these persons and is the responsibility of the employer. This rule also applies to other persons raising children under the age of fourteen (a disabled child under the age of eighteen) without a mother. In this case, remuneration is made in proportion to the time worked or depending on the amount of work performed.

When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.

Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.

Comments to Art. 93 Labor Code of the Russian Federation

1. The term “part-time work” covers both part-time work and part-time work. In case of part-time work, remuneration is made in proportion to the time worked, in case of piecework payment - depending on output.

Part-time workers enjoy the same labor rights, as employees for whom a working day of normal duration is established.

The commented article does not limit the circle of persons for whom the introduction of part-time work is allowed.

ILO Recommendation No. 182 “On part-time work” (1994) contains guidelines for employers. According to the Recommendation, “part-time worker” means an employee whose normal working hours are less than those of full-time workers in a comparable situation.

2. The duration of working hours for a specific employee may be determined by an individual employment contract. IN similar situations it is not allowed to increase working hours in comparison with the maximum standards established by law, but it is possible to reduce it by mutual agreement of the subjects (parties) of the employment contract. The law does not prohibit the parties to an employment contract from agreeing to work on a part-time basis, both at the conclusion of the employment contract and subsequently (i.e. during the period of its validity). Part-time work with proportional pay may provide, by mutual agreement of the parties, a reduction in working time by any number of hours or working days.

Part-time working time is established for part-time work, as well as in cases where the organization provides staffing table incomplete wage rate.

3. Part-time working hours can not only be established, but also canceled by agreement of the parties to the employment contract. The initiative to introduce part-time work comes primarily from the employee, and the employer can satisfy his request if this does not disrupt the production process.

In cases where changes occur in the organization of production or technological process, the initiative to transfer to part-time work may come from the employer, about which he is obliged to notify the employee 2 months in advance, since this means a change in significant working conditions.

4. The legislation provides that in certain cases, if there is an expression of the employee’s will, the employer is obliged to establish a part-time working day for him. Such an obligation arises for the employer if a pregnant woman or a woman with a child under 14 years of age (a disabled child under 18 years of age) or a person caring for a sick family member applies for part-time work in accordance with with a medical certificate. Disabled people also have the right to part-time work. Medical recommendations on the establishment of part-time work for disabled people are mandatory for the employer (Articles 11 and 23 of the Law “On Social Protection of Disabled Persons in the Russian Federation”).

5. Part-time workers have the right to receive full-time annual leave, as well as study leave. The time worked is counted towards their seniority as full working time. They have the right to receive a bonus for work performed, which is calculated on a general basis. They are given days off and holidays in accordance with the Labor Code and shift schedule. IN work books employees are not recorded to indicate that they performed part-time or part-time work.

6. When establishing part-time work, remuneration is made in proportion to the time worked without additional payment. The employee does not have the right to demand payment in an amount not lower than the minimum wage established by the state, since this guarantee applies only to employees who have completed full working standard. This differs from part-time working time to reduced working time. Part-time work is used in various ways.

ST 93 Labor Code of the Russian Federation.

When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.

Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.

Commentary to Art. 93 Labor Code of the Russian Federation

3. Part 1 of the commented Article 93 of the Labor Code of the Russian Federation determines the circle of persons whose requirement to establish part-time working hours is mandatory for the employer. The employer is also obliged to satisfy the disabled person’s request for part-time work if the disabled person’s individual program recommends a working time shorter than that established by law ().

Other employees require the consent of the employer to establish part-time work.

When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.

Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.

Article 93 of the Labor Code of the Russian Federation defines categories of workers for whom part-time work and part-time work may be established, in particular, pregnant women; one of the parents of a minor child under the age of fourteen or a disabled child under the age of eighteen; as well as persons caring for a sick family member. In accordance with Article 93 of the Labor Code of the Russian Federation, remuneration in this case is made in proportion to the time worked or the amount of work performed.

In accordance with Art. 93 the full length of working time can be reduced by agreement of the parties for certain categories of workers, under certain conditions:

pregnancy
parent of a child under 14 years of age, or a disabled child under 18 years of age;
for an employee who is caring for a sick relative, upon provision of an appropriate medical certificate.

When working hours are reduced, payment is also reduced, which is made in proportion to the hours worked.