Full text of Art. 93 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice under Article 93 of the Labor Code of the Russian Federation.
By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment 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, custodian) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established federal laws and other regulatory legal acts Russian Federation.
When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.
Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.
Commentary on Article 93 of the Labor Code of the Russian Federation
1. Part-time work is the performance of work on the terms of working hours less than those established by law, regulatory documents.
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Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B. Modern economic dictionary. M.: INFRA-M, 2006.
Implementation by the employee of their official duties part-time work is possible in two cases:
- if there is an agreement between the employee and the employer;
- mandatory due to the requirements of the law.
May be installed incomplete working time two types:
- part-time work week;
- part-time work.
The employee and the employer mutual agreement decide which type of part-time work to give preference.
The main condition for the implementation of part-time work in the first case is the achievement of an agreement between the employee and the employer, fixed in writing by the signatures of both parties and which is an integral part of the employment contract concluded by the parties earlier.
In cases where the part-time work regime is established for the employee immediately upon employment (for example, part-time work), this is prescribed in the employment contract concluded by the parties, and an additional agreement is not required.
2. In addition, the legislator has established cases where the employer is obliged to establish part-time work for an employee:
- for pregnant women. For this category of employees, the employer is obliged to establish a part-time working week or part-time working day in accordance with the request of the employee. At the same time, the number of working hours is determined by the woman based on her well-being. Note that labor law there is no minimum threshold for part-time work in such a case. Thus, the choice of the number of working hours per shift or working day or working week is made by the employees themselves, and the employer can only satisfy such a request. It is obligatory to express such a request of a pregnant woman in writing. It seems that when applying for the establishment of a part-time work regime, a pregnant woman must submit relevant documents confirming the state of pregnancy, although this is not directly indicated by the legislator. The remuneration of such an employee will be carried out by the employer in proportion to the hours worked during the month, which is not any restriction or discrimination. In addition, in this case, the calculation of benefits for pregnancy and childbirth according to general rule is calculated in the amount of 100% of her average earnings (Article 11 of the Federal Law "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases"). Thus, the smaller the number of working hours, the smaller the amount of benefits a pregnant woman will be able to receive in the future;
- in relation to parents, guardians or trustees who have a child under the age of fourteen (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 Guardianship". Disabled children are persons from among the disabled under the age of eighteen (see the Federal Law "On social protection disabled people in the Russian Federation).
Attached to the application of the said employees on giving them the opportunity to perform their duties in the part-time mode are the following: child's birth certificate; a document confirming the relationship (for parents) (for example, an 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 paid to employees also in proportion to the time worked by the employee;
- in relation to employees who, due to the prevailing family and life circumstances, are caring for a sick family member. In this case, the specified category of employees must be attached to a written application and submit to the employer documents confirming that a member of their family needs constant care in accordance with a medical report. The procedure for issuing an appropriate medical opinion 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 given a part-time regime based on the employee’s application, the employer must issue an appropriate order or instruction to establish an appropriate regime for a particular employee, indicating the duration work shift, working day or working week.
An important circumstance of performing part-time work, 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-fledged annual paid leave to employees. Restriction of the annual basic leave by the legislator is prohibited.
In addition, it is prohibited to restrict the length of service, as well as any other labor rights for employees who perform their duties in part-time mode.
Another commentary on Art. 93 of the Labor Code of the Russian Federation
1. Part-time working time is the working time determined by an agreement between the employee and the employer, the duration of which is less than the normal or reduced working time established by the given employer.
2. Part-time work can act as a part-time work week or part-time work (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 work or part-time work week can be established both at the time of employment 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 request of the disabled person for part-time work, if the individual program of the disabled person recommends working hours less than those established by law (Article 224 of the Labor Code).
The rest of the employees require the consent of the employer to establish part-time work.
4. The initiator of the establishment of part-time work is the employee. In cases prescribed by law, part-time work may be introduced at the initiative of the employer. On the procedure for the introduction of part-time work at the initiative of the employer.
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By agreement of the parties to the employment contract, the employee, both upon hiring and subsequently, may be assigned part-time work (part-time work (shift) and (or) part-time work week, including with the division of the working day into parts). Part-time work can be established both without a time limit, and for any period agreed by the parties to the employment contract.
The employer is obliged to establish part-time work at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member in accordance with with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, part-time work is set for a period convenient for the employee, but not more than for the period of existence of the circumstances that served as the basis for the mandatory establishment of part-time work, and the mode of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks in work, is set in accordance with the wishes of the employee, taking into account the conditions of production (work) at the given employer.
When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.
Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.
Commentary on Art. 93 Labor Code of the Russian Federation
1. Part-time work (part-time work or part-time work week) may be established by agreement of the parties (on certain period or without specifying the term) with payment in proportion to the time worked or depending on the amount of work performed.2. For certain categories of employees (pregnant women, persons with underage children, caring for a sick family member in accordance with a medical report), the employer is obliged to comply with a request for part-time work.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 of 01.12.1998 N 49-B98-17
From the materials of the case, it is clear that the wages of employees of JSC "Tuymazykhimmash", 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 the payment wages at least every half a month, was paid out of time, and by November 1995 there were wage arrears for several months.
Determination of the Supreme Court of the Russian Federation of September 12, 2007 N 91-Г07-22
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 opportunities for employees in exercising their rights; the dependence of wages on the qualifications of the employee, the complexity, quantity and quality of the work performed by him, the rules of payment for part-time work and work part-time or part-time.
Decision of the Supreme Court of the Russian Federation dated July 25, 2012 N AKPI12-726
K. applied to the Supreme Court of the Russian Federation with an application to invalidate the specified normative provision in the part that did not allow her to include in her special length of service the periods of work from September 1, 2000 to October 1, 2004, when she did not fulfill the wage rate established for norm teaching load. He believes that the norm contested in part does not comply with Articles, the Labor Code of the Russian Federation, paragraph 12 of the Regulations on the procedure and conditions for the employment of women with children and working part-time, approved by the decision of the USSR State Labor Committee, the Secretariat of the All-Union Central Council of Trade Unions of April 29, 1980 N / 8-51, and limits her right to early appointment of an old-age labor pension.
Determination of the Supreme Court of the Russian Federation dated November 15, 2012 N APL12-646
K.V. applied to the Supreme Court of the Russian Federation with an application to invalidate the specified normative provision in the part that does not allow to include in her special experience the 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 claim, the applicant indicated that the contested norm does not comply with Articles 1, 12, 15 of the Labor Code of the Russian Federation, paragraphs 1, 12, 15 of the Regulations on the procedure and conditions for the employment of women with children and working part-time, approved by a resolution of the USSR State Labor Committee, the Secretariat The All-Union Central Council of Trade Unions of April 29, 1980 N / 8-51, and limits her right to early appointment of an old-age labor pension.
Determination of the Supreme Court of the Russian Federation of June 16, 2015 N 301-KG15-5751 in case N A39-3748 / 2014
Under these circumstances, the courts, guided by the provisions of articles , , , , , , , , , of the Labor Code 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 motherhood", 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", came to the conclusion that the simultaneous use of two or more holidays is not provided for by the labor legislation of the Russian Federation, and the fund rightfully refused to accept society to the offset of the unreasonably incurred expenses for the payment of child care benefits during the time the said employees were on the next main vacation.
Determination of the Constitutional Court of the Russian Federation of November 19, 2015 N 2627-O
In addition, the applicant disputes 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, the calculation of seniority and other labor rights.
Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation of June 17, 2019 N 32-KG19-14
Rejecting the arguments Pisareva D.A. on the failure to fulfill obligations under the said contracts due to unforeseen circumstances - the establishment of her son V., whom she is raising alone, of disability and his need for rehabilitation, the court of first instance, referring to the provisions of the articles "On the fundamentals 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 motherhood", articles 3, 4 of the Federal Law of May 19, 1995 N 81-FZ "On state benefits to citizens having children", the courts satisfied the stated requirements, not seeing excessive payment of the child care allowance.
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, part-time work (shift) or part-time work week is established for pregnant women, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), a person caring for sick family member in accordance with the medical report. The provision of such working hours is carried out on the basis of the application of these persons and is the obligation 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, wages are paid in proportion to the hours worked or depending on the amount of work performed.
By agreement of the parties to the employment contract, the employee, both upon hiring and subsequently, may be assigned part-time work (part-time work (shift) and (or) part-time work week, including with the division of the working day into parts). Part-time work can be established both without a time limit, and for any period agreed by the parties to the employment contract.
The employer is obliged to establish part-time work at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member in accordance with with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, part-time work is set for a period convenient for the employee, but not more than for the period of existence of the circumstances that served as the basis for the mandatory establishment of part-time work, and the mode of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks in work, is set in accordance with the wishes of the employee, taking into account the conditions of production (work) at the given employer.
When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.
Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.
Comments to Art. 93 of the Labor Code of the Russian Federation
1. The term "part-time work" covers both part-time work and part-time work. With part-time work, remuneration is made in proportion to the hours worked, with piecework pay - depending on the output.
Part-time workers enjoy the same labor rights, as workers 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.
Recommendation N 182 of the ILO "On part-time work" (1994) contains recommendatory norms for the employer. According to the Recommendation, "part-time worker" means an employee whose normal hours of work are less than the normal hours of work of full-time workers in a comparable situation.
2. The length of working time for a particular employee may be determined by an individual labor contract. AT similar situations it is not allowed to increase the working time in comparison with the maximum norms 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 an employment contract and subsequently (i.e. during its validity period). Part-time work with proportional pay may provide for, by mutual agreement of the parties, a reduction in working time by any number of hours or working days.
Part-time work is established at part-time work, as well as in cases where the organization provides for staffing incomplete wages.
3. Part-time work may 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 may grant his request, as long as the production process is not disrupted.
In cases where there are changes in the organization of production or technological process, the initiative to transfer to work on a part-time basis may come from the employer, about which he is obliged to notify the employee 2 months in advance, since this means a change in essential working conditions.
4. The legislation provides that in certain cases, if there is an expression of the will of the employee, the employer is obliged to establish a part-time work for him. Such an obligation arises for the employer if a pregnant woman or a woman with a child under the age of 14 (a disabled child under the age of 18) or a person caring for a sick family member in accordance with with a medical opinion. Persons with disabilities are also entitled 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 the Social Protection of Disabled Persons in the Russian Federation").
5. Part-time workers are entitled to full-time annual leave and study leave. The time of work is counted in their length of service as full-time work. They are entitled to receive a bonus for the work performed, which is accrued on a general basis. They are given holidays and holidays in accordance with the TC and the shift schedule. AT work books employees are not recorded 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. At the same time, the employee is not entitled to demand remuneration in the amount not lower than the minimum wage established by the state, since this guarantee applies only to employees who have fulfilled the full work rate. In this part-time work differs from reduced hours of work. Part-time work is used in various ways.
ST 93 of the Labor Code of the Russian Federation.
By agreement of the parties to the employment contract, the employee, both upon hiring and subsequently, may be assigned part-time work (part-time work (shift) and (or) part-time work week, including with the division of the working day into parts). Part-time work can be established both without a time limit, and for any period agreed by the parties to the employment contract.
The employer is obliged to establish part-time work at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member in accordance with with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, part-time work is set for a period convenient for the employee, but not more than for the period of existence of the circumstances that served as the basis for the mandatory establishment of part-time work, and the mode of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks in work, is set in accordance with the wishes of the employee, taking into account the conditions of production (work) at the given employer.
When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.
Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.
Commentary on Art. 93 of the Labor Code of the Russian Federation
1. Part-time working time is the working time determined by an agreement between the employee and the employer, the duration of which is less than the normal or reduced working time established by the given employer.
2. Part-time work can act as a part-time work week or part-time work (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 work or part-time work week can be established both at the time of employment and subsequently.
3. Part 1 of the commented article 93 of the Labor Code of the Russian Federation 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 request of the disabled person for part-time work if the individual program of the disabled person recommends working hours less than those established by law ().
The rest of the employees require the consent of the employer to establish part-time work.
4. The initiator of the establishment of part-time work is the employee. In cases prescribed 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, see the commentary to it.
By agreement of the parties to the employment contract, the employee, both upon hiring and subsequently, may be assigned part-time work (part-time work (shift) and (or) part-time work week, including with the division of the working day into parts). Part-time work can be established both without a time limit, and for any period agreed by the parties to the employment contract.
The employer is obliged to establish part-time work at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member in accordance with with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, part-time work is set for a period convenient for the employee, but not more than for the period of existence of the circumstances that served as the basis for the mandatory establishment of part-time work, and the mode of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks in work, is set in accordance with the wishes of the employee, taking into account the conditions of production (work) at the given employer.
When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.
Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.
Article 93 of the Labor Code of the Russian Federation defines the categories of workers for whom part-time work and part-time work can 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; and those 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 hours worked or the amount of work performed.
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Question
The employee comes out of the decree, while she assumes to work part-time. During her maternity leave, another woman was hired on a fixed-term contract. Currently, this female specialist, hired temporarily, does not agree to give part of the rate to the main employee. Is the consent of a temporary worker required for the exit of the main employee from the decree?Lawyer's response:
According to Art. 79 of the Labor Code of the Russian Federation, the termination of fixed-term employment contracts drawn up for the period of absence of the main employees occurs at the time of their entry to work. No consent of the “temporary worker” is required for this. In accordance with Art. 254 of the Labor Code of the Russian Federation, the main workers have the right to work during their stay on parental leave, both on a part-time basis and remotely, while maintaining their rights to receive benefits.
Question
There is a crisis at the enterprise, so we do not work out the norm of hours. The employer said that he would pay only the hours actually worked. Is it legal?Lawyer's response:
According to Article 155 of the Labor Code of the Russian Federation, in case of non-fulfillment of labor standards, non-fulfillment of labor (official) duties for reasons beyond the control of the employer and employee, the employee retains at least two-thirds of the tariff rate, salary ( official salary), calculated in proportion to the actual hours worked. If the employer offers you to pay for the hours actually worked at 100% of the salary, then he complies with the requirements of labor legislation.
Question
The employee has been on parental leave for up to 1.5 years since November 2014. Since April 2015, she has been working part-time. On May 18, 2015, she was given a notice to change the location of the enterprise to another city. On June 18, 2015, the employee received an order to dismiss her on the grounds of clause 9, part 1. Art. 77 of the Labor Code of the Russian Federation (due to the refusal to transfer to another locality). Are such actions legal?Lawyer's response:
Employers have the right to transfer enterprises to another location and offer transfers to employees, including those with young children. At the same time, labor legislation does not establish restrictions on the transfer of employees during their absence (for example, leave to care for babies). Such a transfer is possible only with the written consent of the employees (Article 72 of the Labor Code of the Russian Federation). Since there was no written consent of the employee, the employment contract with her was terminated under paragraph 9 of Part 1 of Art. 77 of the Labor Code of the Russian Federation.
Question
Our company is downsizing. We work part time. Management requires you to write a statement at your own expense. Is it possible to withdraw the application at my own expense if it has already been written?Lawyer's response:
It is impossible to force employees to take vacations at their own expense (this was emphasized by the Russian Ministry of Labor in Resolution No. 40 dated June 27, 1996). Otherwise, the employer faces a fine acc. with Article 5.27 of the Code of Administrative Offenses of the Russian Federation.
You can also withdraw the application by contacting the employer in writing.
Question
The GBUZ employee holding the position of a laboratory technician has a working day from 7:00 to 14:00. Is such an employee entitled to a lunch break, or is he required to work for 7 hours without a break?Lawyer's response:
According to Art. 108 of the Labor Code of the Russian Federation, the employee, regardless of the duration of the shift, is given breaks for rest and meals. The duration of such a break is from half an hour to 2 hours. Break time is not included in the total duration of the shift. It is determined in accordance with the internal labor regulations or on the basis of agreements between employees and the employer.
Question
The employee is on maternity leave up to 3 years. This leave will expire on January 10, 2016. Since family circumstances have changed, the employee has a desire to return to work earlier - in September 2015. Is there such a possibility? In addition, the following is of interest. Before the decree, this employee worked at 0.5 wages (like other employees). From 01.01.2015 all labor collective was transferred to 0.75 rates. However, management informed this particular employee that he, as before the decree, would be given 0.5 wages. Is it so?Lawyer's response:
According to Art. 256 of the Labor Code of the Russian Federation, for the period of parental leave, employees retain their former place of work (including the rate). According to the employee, during his stay on parental leave, he can work part-time, as well as at home. Thus, the possibility of early return to work from this vacation is available.
Question
The company operates from 7 am to 11 pm. At the same time, the working day consists of 3 parts: a group of employees works from 7 to 15, the second - from 13 to 21, the third - from 15 to 23. Is this legal?Lawyer's response:
This operating mode is shift work. It can be introduced in accordance with Art. 103 of the Labor Code of the Russian Federation in situations where the work cycle does not fit into the allowable duration of daily work. The activity of the personnel is carried out on the basis of the shift schedule, which, as a rule, is an addition to the collective agreement. Based on Art. 372 of the Labor Code of the Russian Federation, when forming it, the position of the representative body of employees is taken into account. The staff gets acquainted with the shift schedule under the signature no later than 1 month before its implementation.
Question
I want to get a part time job. Under what conditions can I get a job on such conditions?Lawyer's response:
In accordance with Art. 93 the full length of working time may be reduced by agreement of the parties for certain categories of workers, under certain conditions:
- pregnancy
- the parent of a child under the age of 14, or a disabled child under the age of 18;
- for an employee who cares for a sick relative, upon presentation of a relevant medical certificate.
With the reduction of working hours, the payment is also reduced, which is made in proportion to the hours worked.
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