Part-time labor code. Part-time work at the request of the employee and not only Article 93 Chapter 44 49 TC

New edition of Art. 93 of the Labor Code of the Russian Federation

By agreement of the parties to the employment contract, the employee, both when hiring and subsequently, may be assigned part-time working hours (part-time (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 the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation. In this case, part-time work is established for a period convenient for the employee, but not more than for the period of the existence of circumstances that were 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 established 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.

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

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

Part-time work is always shorter in duration than normal or shortened work hours. The term "part-time" itself covers both part-time and part-time work. This type of working time is established by agreement between the employee and the employer both upon hiring and subsequently. In addition, the employer (including an individual) is obliged to establish a part-time or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18 ), as well as a person caring for a sick family member in accordance with a medical certificate (clause 1 of article 93 of the Labor Code of the Russian Federation).

To a large extent, the mode of work on a part-time basis is still regulated by union acts of law (in the part that does not contradict the Labor Code of the Russian Federation) and, in particular, by the Regulations on the procedure and conditions for the employment of women with children and part-time workers "of 29 April 1980 N 111 / 8-51. It was established that when hiring a part-time job, an entry about this in the work book is not made (clause 3 of the Regulations).

Incomplete can be both a working day and a working week. Moreover, neither the minimum nor the maximum is established in the current legislation. According to the Regulation on the procedure and conditions for the employment of women with children and working part-time, part-time work was established, as a rule, not less than 4 hours and not more than 20, 24 hours with a five- or six-day working week.

With part-time work, an employee works fewer hours than is established by the routine or schedule at this enterprise for this category of workers, for example, instead of eight hours, four.

With a part-time work week, the number of working days is reduced versus a five-day or six-day week.

Part-time work can consist of both a reduction in the working day and the working week.

Part-time work can also be applied, when daily work is divided into parts (for example, morning and evening mail delivery to the office of the enterprise, etc.).

Part-time working hours can be established by agreement of the parties both without a time limit or for any period convenient for the employee mentioned in Article 93 of the Labor Code of the Russian Federation: for example, for the period of the child's school year, for the period until he reaches 10 years of age, etc. ... (clause 4 of the Regulations).

Part-time work can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. Thus, the transition to a part-time working condition is possible due to changes in the organizational or technical working conditions, taking into account the opinion of the elected trade union body of this organization for a period of not more than six months. In cases where part-time work is introduced at the enterprise for all or individual employees at the initiative of the administration, the following rules must be observed:

Since the legislation does not establish the form of notification, therefore, it can be arbitrary. The main thing is that the text makes it possible to establish what the employee was notified about and when. The personal signature of the employee must be on the notification;

3) if the employee does not agree to work in the new conditions, the employer is obliged to offer him other work available in the organization that will correspond to his qualifications and state of health. In the absence of such work, the employee must be offered a vacant lower position or a lower-paid job (also suitable for the qualifications of the employee and his state of health).

In case of disagreement with the new working conditions, employees have the right to terminate the employment agreement (contract) on the grounds provided for (the employee's refusal to continue working due to changes in essential working conditions), the employment contract with him is terminated with the provision of appropriate guarantees and compensations to the employee. Moreover, the employee has the right to declare his disagreement and resign on this basis only until the introduction of the part-time regime (for this, the rule of a 2-month warning period has been established). If an employee changed his mind after the introduction of this regime, then he can resign only of his own free will.

The abolition of part-time work is carried out by the employer, taking into account the opinion of the representative body of the employees of the organization. In accordance with Article 93 of the Labor Code of the Russian Federation, part-time work does not entail any restrictions for employees on the duration of annual leave, the calculation of seniority and other labor rights.

Part-time work does not entail a decrease in the duration of the annual and educational leave, the work time is counted in the length of service as full working time; bonuses for work performed are charged on a general basis; weekends and holidays are provided in accordance with labor laws. However, payment for part-time work is made in proportion to the hours worked or depending on the output. Part-time work is one of the essential conditions of an employment contract.

Another commentary on Art. 93 of the Labor Code of the Russian Federation

1. Part-time work is a working time determined by an agreement between the employee and the employer, the duration of which is less than the normal working time established for the given employer. In the event that an employee, in accordance with the legislation (), is entitled to reduced working hours, incomplete working hours will be considered to be shorter than the corresponding standard of reduced working hours.

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

3. Part 1 of Art. 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 (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), and a person caring for a sick family member in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation).

4. The use of part-time work, as a rule, leads to an increase in production efficiency and makes it possible to increase the employment of the population through the use of one workplace by two part-time workers, the formation of second shifts with part-time workers, etc.

5. 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. For the procedure for introducing part-time work at the initiative of the employer, see it.

By agreement between the employee and the employer, part-time (shift) or part-time work can be established both upon hiring and subsequently. The employer is obliged to establish a part-time (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 (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 by federal laws and other regulatory legal acts of the 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. Part-time work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights.

site / stat / tk-glava-15 / statia-93 /

01/10/2018 - Julia Lazareva

Hello. Article 93 of the Labor Code of the Russian Federation. Does any employee have the right to part-time work (by agreement of the parties), at his request? Or does this require the reasons stated in this article?

12/07/2016 - Karina Andreeva

For health reasons, I can not work the night shift how can I transfer to part-time work what certificates from the hospital need to be provided to the organization

12/06/2016 - Andrey Bogatov

Hello. I have a child who is 4g working in shifts day, night for 12 hours I left the workplace for 1 hour before the end of the shift without knowing the law 93 of the Labor Code of the Russian Federation can I be fired for this reason?

05/20/2016 - Vera Ilyina

The child is 11 years old, the family is full, can I exercise the right to a shorter working day?

04/09/2016 - Alina Anisimova

For my 1.8 month old child, am I entitled to shorter shifts?

12.21.2015 - Natalia Egorova

Hello. I am a mother of many children, I have 8 children of the youngest year and 8 am I entitled to have a part-time working week. The employer refused me this. Is he right?

10/29/2015 - Evdokia kovaleva

10/12/2015 - Alexey Turkin

Hello. I wrote an application for part-time work in accordance with Part 1 of Article 93 of the Labor Code, having two children 5 years old and 6 years old. I asked for a work time of 5 days (weekend Saturday, Sunday) duration from 8:15 to 12:15, so my eldest child will study in the first shift. The employer writes a resolution that it is advisable from 13:00 to 17:00. Can he legally choose the opening hours?

09/08/2015 - Ilya Vladychin

i am now pregnant and I want to write an application for a reduced working time, tell me how many hours a week I have to work. Our schedule is two weeks for 5 days (from 9-18-00) and two weeks for 6 days (Saturday until 14-00).

The answer to the question was given by phone.

08/28/2015 - Gennady Dymnikov

Hello. Is sick leave paid if I receive benefits before. 1.6 years old? I went to work part-time when the child was one year old.

03/10/2015 - Alexandra Konovalova

mom went out on a part-time basis, interrupting the parental leave, issued for the grandmother, make sure that the grandmother received the allowance, the employer refused

05/08/2014 - olga

Please tell me. I have two children 9 years old and 3 years old. I wrote an application for part-time work until 15:00. But the employer is obliged to allow this to work in accordance with Article 93 or at the discretion of the employer only? Thank you!

The answer to the question was given by phone.

01.24.2014 - Tatiana

Hello! I have a disabled child. I work full time and use 4 days off to take care of a disabled child. I want to switch to 0.5 stakes. Will I still be eligible for 4 days of caring for a disabled child?

10/31/2013 - Tatiana

Hello, I have a 12-year-old child, I want to exercise the right to part-time work under Article 93 of the Labor Code of the Russian Federation, but I need to know how my wages will be calculated if the organization has a time-based wage, but the amount of work remains the same. Will it be calculated in proportion to the number of hours worked or will remain the same, despite the fact that I did not sign job descriptions when hiring and still do not have them, just a verbal agreement on the amount of work.

The answer to the question was given by phone.

10/25/2013 - Vadim

Please tell me, the employer makes us write a part-time application in the amount of 3 days, referring to Article 93 of the Labor Code of the Russian Federation, while obliging us to work full-time. Can I refuse to sign this statement and what are the consequences from the head in our direction. Thanks in advance.

12/08/2012 - Eugene

My child is 3 years old, goes to kindergarten, wanted to cut the working day by an hour (there is no one to pick up the child from the kindergarten), wrote a statement in the personnel department, but the boss did not sign it to me and said that it was not profitable for her, did she have the right not to sign it ? I work at the Pension Fund.

The answer to the question was given by phone.

09.09.2012 - Krasilnikova Vera

Can I have a shorter working day if the child is not yet three years old.

The answer to the question was given by phone.

09/07/2011 - Natalia

I want to work with 0.5 stakes at the rate of 5.500 rubles + an allowance for the complexity of 1.500. Can I use this right.

The answer to the question was given by phone.

07/06/2011 - Maxim

I have two children 10 months and 2 years 8 months, my wife is in childcare for 10 months, can I count on part-time work? thank

06.16.2011 - anna

Hello, you have every right! The employer is obliged, according to your written application, to provide you with work at least 0.3 at least 0.5 rate, as you wish. If it does not provide it, it may have serious problems with Russian labor legislation.

The answer to the question was given by phone.

04/23/2011 - Eugene

I am a single mother, am I eligible for part-time work. Baby 5 months

The answer to the question was given by phone.

New edition of Art. 93 of the Labor Code of the Russian Federation

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

To a large extent, the mode of work on a part-time basis is still regulated by union acts of law (in the part that does not contradict the Labor Code of the Russian Federation) and, in particular, by the Regulations on the procedure and conditions for the use of labor of women with children and part-time workers "of 29 April 1980 N 111 / 8-51. It has been established that when applying for a part-time job, no entry is made in the work record book (clause 3 of the Regulations).

With part-time work, an employee works fewer hours than is established by the routine or schedule at this enterprise for this category of workers, for example, instead of eight hours, four.

With a part-time work week, the number of working days is reduced versus a five-day or six-day week.

Part-time work can consist of both a reduction in the working day and the working week.

Part-time work can also be applied, when daily work is divided into parts (for example, morning and evening mail delivery to the office of the enterprise, etc.).

1) as follows from the provisions of Article 74 of the Labor Code of the Russian Federation, any essential conditions of the employment contract, except for the labor function, i.e. the position (specialty) of the employee provided for by the employment contract, and the range of duties performed by him;

2) the employer must notify employees of the introduction of changes in writing no later than two months before their introduction (for employers who are individuals, a different period is set - at least 14 calendar days (Article 306 of the Labor Code of the Russian Federation)).

In case of disagreement with the new working conditions, employees have the right to terminate the employment agreement (contract) on the grounds provided for by paragraph 7 of Article 77 of the Labor Code of the Russian Federation (the employee's refusal to continue working due to changes in essential working conditions), the employment contract with him is terminated with the provision of the appropriate guarantees and compensations. Moreover, the employee has the right to declare his disagreement and resign on this basis only until the introduction of the part-time regime (for this, the rule of a 2-month warning period has been established). If an employee changed his mind after the introduction of this regime, then he can resign only of his own free will.

Another commentary on Art. 93 of the Labor Code of the Russian Federation

1. Part-time work is a working time determined by an agreement between the employee and the employer, the duration of which is less than the normal working time established for the given employer. In the event that an employee, in accordance with the legislation (Article 92 of the Labor Code of the Russian Federation), has the right to reduced working hours, incomplete working hours will be considered shorter than the corresponding standard of reduced working hours.

Read also: Employment contract with the chief accountant

5. 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, see Part 5 of Art. 74 of the Labor Code of the Russian Federation and a commentary to it.

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Article 93 of the Labor Code of the Russian Federation. Part-time work

Article 93 of the Labor Code of the Russian Federation with comments and amendments for 2016-2017.

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.

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

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

1. The term "part-time work" used in Article 93 of the Labor Code of the Russian Federation covers both part-time and part-time work weeks.

Part-time work reduces the number of hours of work per day in comparison with what is established in the organization by the routine or schedule for this category of workers (for example, instead of 8 hours - 4).

A part-time work week means setting fewer work days per week (less than 5 or 6 days). It is also possible to establish a part-time work week for an employee with part-time work (for example, 3 working days a week for 4 hours).

Unlike shortened working hours, which is a full measure of the duration of work established by law for certain working conditions or categories of workers (Article 92 of the Labor Code), part-time work is only part of this measure. Therefore, in case of part-time work, labor is paid in proportion to the time worked, and in case of piecework, depending on the output.

Part-time work is usually established by agreement of the parties to the employment contract. Such an agreement can be reached both upon admission to work and during the period of work. The part-time condition must be reflected in the employment contract or formalized as an addition to it.

2. The law does not limit the circle of persons for whom part-time work is allowed. It can be set to any employee at his request and with the consent of the employer. At the same time, in certain cases, the employer is obliged to assign a part-time or part-time work week to the employee at his request. Thus, part-time work is mandatory established at the request of: a pregnant woman; one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under 18), as well as a person caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal and other regulatory legal acts of the Russian Federation.

Securing the right to the mandatory establishment of a part-time regime for only one of the parents who has a child under the age of 14 (a disabled child under 18) means that if the need for such a regime arises for the second parent, he must resolve this issue in general order, i.e. by agreement with the employer.

In addition to the above categories of persons, the employer is obliged to establish part-time working hours at the request of a disabled person, if such a regime is necessary for him in accordance with an individual rehabilitation program, which is mandatory for organizations, regardless of their organizational and legal forms (Articles 11 and 23 of the Law on the Protection of Disabled Persons ).

An employer's refusal to grant such a request may be appealed to the labor dispute resolution authority.

3. Part-time work is established for a fixed period or without specifying a period. In this case, work on a part-time or part-time basis is indicated in the content of the employment contract (see Art. 57 and comments to it).

Part-time workers have the same labor rights as full-time workers. They are entitled to full annual leave and study leave; working time is counted in the length of service as full working time; weekends and holidays are provided in accordance with labor laws.

In work books, a mark of part-time work is not made.

On part-time work for women and other persons on parental leave under the age of 3, see Part 3 of Art. 256 and comments. To her.

Part-time work can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. Transfer to part-time work is possible due to changes in organizational or technological working conditions, taking into account the opinion of the elected trade union body of this organization for up to 6 months.

For the procedure for transferring to this mode, see the comment. to Art. 74.

Persons hired for part-time or part-time work, as well as those accepted for half the rate (salary) in accordance with the employment contract, are included in the payroll of the organization's employees. In the payroll, these employees are taken into account for each calendar day as whole units, including non-working days of the week, due to the hiring.

Persons who worked part-time in accordance with the employment contract or transferred with the written consent of the employee to part-time work, when determining the average number of employees, are taken into account in proportion to the hours worked (see Instructions for filling out the federal statistical observation form No. 1-T "Information on the number and wages of workers ", approved by the Decree of Rosstat dated October 13, 2008 N 258 // Questions of statistics. 2009. N 1).

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

1. The term "part-time" covers both part-time and part-time work. With part-time work, remuneration is made in proportion to the time worked, with piecework pay - depending on the output.

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

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

Recommendation 182 of the ILO "On part-time work" (1994) contains guidelines for employers. According to the Recommendation, “part-time worker” means an employed person whose normal working hours are shorter than the normal working hours of full-time workers in a comparable situation.

2. The duration of working hours for a specific employee may be determined by an individual labor contract. In such situations, it is not allowed to increase the working time in comparison with the limit 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 the employment contract and subsequently (i.e., during the period of its validity). Part-time working hours with proportional pay may provide, by mutual agreement of the parties, to reduce working hours 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 a part-time wage rate in the staffing table.

3. Part-time work 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 mainly from the employee, and the employer can satisfy his request, if this does not disrupt the production process.

In cases where there are changes in the organization of the production or technological process, the initiative to transfer to work on a part-time basis may come from the employer, about which he must notify the employee 2 months in advance. since it means a change in essential working conditions.

4. 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 working day for him. Such an obligation arises for the employer in the event that a pregnant woman or a woman with a child under the age of 14 (a disabled child under 18 years of age) or a person caring for a sick family member applies with an application for the establishment of part-time work in accordance with with a medical report. Persons with disabilities are also entitled to part-time work. Medical recommendations on establishing part-time work for disabled people are mandatory for the employer (Articles 11 and 23 of the Law "On social protection of disabled people in the Russian Federation").

5. Employees employed on a part-time basis are entitled to full annual leave as well as study leave. Hours of work are counted towards their seniority as full time. They have the right to receive a bonus for the work performed, which is charged on a general basis. They are provided with weekends and holidays in accordance with the Labor Code and the shift schedule. Employees' work books do not record that they performed part-time or part-time work.

6. When part-time work is established, remuneration is made in proportion to the time worked without additional payment. The employee does not have the right to demand wages 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 standard. This is how part-time work differs from shorter working hours. Part-time work is used in various ways.

Article 93 of the Labor Code of the Russian Federation

Part-time work - regulatory framework, in which cases part-time work is drawn up, how to draw up a part-time / part-time employment contract

The concept of working time according to the Labor Code of the Russian Federation, classification of working time costs, normal working hours, overtime work

Judicial practice under Art. 93 of the Labor Code of the Russian Federation

Under these circumstances, the courts, guided by the provisions of Article 114 of the Labor Code of the Russian Federation, came to the conclusion that the simultaneous use of two or more vacations is not provided for by the labor legislation of the Russian Federation, and the fund rightfully denied the company to accept for offset the expenses incurred by it unjustifiably for the payment of care benefits. for a child during the time the named employees are on the next basic leave.

The applicant disputes the constitutionality of the interpretation by the courts of general jurisdiction of part three of Article 93 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 basic annual paid leave, the calculation of seniority and other labor rights.

Article 93. Part-time working hours

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.

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

The 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, part-time (shift) or part-time work can be established both upon hiring and subsequently. The employer is obliged to establish a part-time (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 (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 by federal laws and other regulatory legal acts of the 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.

Part-time work does not entail for employees any restrictions on the duration of the main annual 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 implementation of work on terms of working hours less than established by law and regulations.

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

An employee may carry out his job duties on a part-time basis in two cases:
- if there is an agreement between the employee and the employer;
- without fail due to legal requirements.

Two types of part-time work can be established:
- part-time work week;
- part-time work.

The employee and the employer, by 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, enshrined 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 part-time work is established for an employee directly upon hiring (for example, part-time work), this is prescribed in the employment contract concluded by the parties, and an additional agreement is not required to it.

2. In addition, the legislator has established cases when the employer is obliged to establish part-time work for the employee:
- in relation to pregnant women. For this category of workers, the employer is obliged to establish a part-time work week or part-time work in accordance with the employee's request. At the same time, the number of working hours is determined by a woman based on her well-being. Note that the labor legislation does not establish in this case a 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 women themselves, and the employer can only grant such a request. It is obligatory to express such a request of a pregnant woman in writing. It appears that when applying for the establishment of a part-time regime, a pregnant woman should submit the 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 does not constitute any restriction or discrimination. In addition, in this case, the calculation of maternity benefits, as a general rule, is calculated at the rate of 100% of her average earnings (Article 11 of the Federal Law "On compulsory social insurance against industrial accidents and occupational diseases"). Thus, the fewer the number of working hours, the lower the benefit the 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 Trusteeship". Disabled children are persons from among the disabled under the age of eighteen (see the Federal Law "On social protection of disabled people in the Russian Federation").

The application of these employees on the provision of the opportunity for them to carry out their duties on a part-time basis shall be accompanied by: a child's birth certificate; document confirming relationship (for parents) (for example, a certificate of adoption); a document confirming the right to exercise guardianship or guardianship; documents confirming the child's disability.

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

It seems that in all cases when an employee is set to work part-time on the basis of an employee's application, the employer should issue an appropriate order or order to establish an appropriate regime for a specific employee, indicating the duration of the work shift, working day or working week.

An important circumstance for 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. The legislator is prohibited from limiting the 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 official duties on a part-time basis.

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

1. Part-time work is a 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 for the given employer.

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

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 that 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 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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Labor Code, N 197-FZ | Art. 93 of the Labor Code of the Russian Federation

Article 93 of the Labor Code of the Russian Federation. Part-time work (current edition)

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.

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

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Commentary on Art. 93 of the Labor Code of the Russian Federation

Judicial practice under article 93 of the Labor Code of the Russian Federation:

Supreme Court Decision: Determination No. APL12-646, Appeals Panel, Appeal
Works from September 1, 2000 to October 1, 2004, when she did not fulfill the pedagogical load established for the wage rate. In support of the stated claim, the applicant indicated that the contested norm does not comply with Articles 93, 423 of the Labor Code of the Russian Federation, Clauses 1, 12, 15 of the Regulation on the procedure and conditions for the employment of women with children and part-time workers, approved by a resolution of the USSR State Committee for Labor. ...
Decision of the Supreme Court: Definition No. BAC-4041/13, Supreme Arbitration Court, supervision
When adopting judicial acts, the courts were guided by the provisions of Articles 91, 93 of the Labor Code of the Russian Federation, Federal Law of July 16, 1999 No. 165-FZ "On the Basics of Compulsory Social Insurance", Article 13 of the Federal Law of May 19, 1995 No. 81-FZ "On State Benefits to Citizens having children ”. At the same time, the courts proceeded from the fact ...
Decision of the Supreme Court: Determination N 301-KG15-5751, Judicial Collegium for Economic Disputes, cassation
Provided regular annual paid leave until the end of parental leave, during this period they were paid childcare benefits and vacation pay for the next leave. Under these circumstances, the courts, guided by the provisions of Articles 93, 106, 107, 114, 122, 123, 124, 125, 136, 260 of the Labor Code of the Russian Federation ...

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

Another commentary on Art. 93 of the Labor Code of the Russian Federation

Article 93 of the Labor Code of the Russian Federation. Part-time work

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

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

Judicial practice under Art. 93 of the Labor Code of the Russian Federation

Article 93. Part-time working hours

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

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

Consultations and comments of lawyers on the legislative system of the Russian Federation

Article 93 of the Labor Code of the Russian Federation. Part-time work (current edition)

Commentary on Art. 93 of the Labor Code of the Russian Federation

Judicial practice under article 93 of the Labor Code of the Russian Federation: