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

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

By agreement of the parties employment contract an employee, both at the time of hiring and subsequently, an incomplete work time(part-time (shift) and (or) part-time work week, including 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 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 Article 93 of the Labor Code of the Russian Federation

Part-time working time is always shorter in duration than normal or reduced working time. The term "part-time work" itself covers both part-time work and part-time work. This type of working time is established by agreement between the employee and the employer both at the time of employment and subsequently. In addition, an employer (including an individual) is obliged to establish part-time work or a part-time work 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 report (clause 1, article 93 of the Labor Code of the Russian Federation).

In many respects, the mode of work on a part-time basis is still regulated by union acts of law (to the extent that it does not contradict the Labor Code of the Russian Federation) and, in particular, the Regulation on the procedure and conditions for the employment of women with children and working part-time "from 29 April 1980 N 111 / 8-51. It was established that when hiring with a part-time job, this is not recorded in the work book (paragraph 3 of the Regulations).

Both the working day and the working week can be part-time. And neither the minimum nor the maximum current legislation not installed. According to the Regulations 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-, six-day working week.

With a part-time working day, the employee works fewer hours than established by the schedule or schedule for this enterprise for this category of workers, for example, instead of eight hours, four.

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

Part-time work may consist simultaneously in the reduction of the working day and the working week.

Such a part-time mode 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 work can be established by agreement of the parties both without a time limit, and 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 the condition of part-time work is possible due to changes in organizational or specifications labor, 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 workers 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 allows you to establish what the employee was notified about and when. The notice must bear the personal signature of the employee;

3) if the employee does not agree to work in the new conditions, the employer is obliged to offer him another job 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 employee's qualifications and state of health).

In case of disagreement with the new working conditions, employees have the right to terminate the employment contract (contract) on the grounds provided for (refusal of the employee to continue work 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 quit on this basis only until the moment the part-time working regime is introduced (this is why the rule of a 2-month warning period has been established). If the employee changed his mind after the introduction of this regime, then he can quit only at his own request.

The cancellation of the part-time work regime 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 on the duration of work for employees. annual leave, calculation of seniority and other labor rights.

Working on a part-time basis does not entail a reduction in the duration of the annual and study leave, the time of work is counted in the length of service as full time; bonuses for work performed are accrued on a general basis; weekends and holidays 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 the employment contract.

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 working time established by the given employer. In the event that an employee, in accordance with the law (), has the right to reduced working hours, part-time work will be considered shorter than the corresponding norm of reduced working hours.

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. Part-time working 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, and the working time can be reduced by any number of hours or working days without any restrictions. Part-time work or part-time work week can be established both at the time of employment and subsequently.

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 (pregnant woman, one of the parents (guardian, trustee) who has 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 a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation).

4. The use of part-time work leads, as a rule, 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. On the procedure for introducing part-time work at the initiative of the employer, see her.

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 report 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. 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.

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

01/10/2018 - Yulia 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 established in this article?

12/07/2016 - Karina Andreeva

I am unable to work for health reasons. night shift how to transfer to a part-time job what certificates from the hospital you need to provide to the organization

12/06/2016 - Andrey Bogatov

Hello. I have a child who is 4 years old, I work in shifts day, night for 12 hours I left workplace 1 hour before the end of the shift, without knowing the law of 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 complete, can I use the right to a reduced working day?

04/09/2016 - Alina Anisimova

My child is 1.8 months old, am I entitled to reduced work shifts?

12/21/2015 - Natalia Egorova

Hello. I am a mother of many children, I have 8 children the youngest year and 8 am I entitled to have a part-time work week. My employer refused to do so. 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 aged 5 and 6. I asked for a work time of 5 days (weekends Saturday, Sunday) duration from 8:15 to 12:15, so my eldest child is studying on the first shift. The employer writes a resolution, which is advisable from 13:00 to 17:00. Can he legal right choose a working time?

09/08/2015 - Ilya Vladychin

I am now pregnant and I want to write an application for reduced working hours, 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 to 14-00).

The answer to the question is given by phone.

28.08.2015 - Gennady Dymnikov

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

03/10/2015 - Alexandra Konovalova

mother went to work part-time interrupting parental leave issued to grandmother to make sure that grandmother receives benefits because the employer refused

05/08/2014 - Olga

Tell me, please. I have two children 9 years old and 3 years old. I wrote an application for part-time work until 15:00.

The answer to the question is given by phone.

01/24/2014 - Tatyana

Hello! I have a disabled child. I work full time and use 4 days off to care for a disabled child. I want to switch to 0.5 rates. Will I still be entitled to 4 days of childcare with a disability? Thank you in advance.

10/31/2013 - Tatyana

Hello, I have a child of 12 years old, 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 salary will be calculated if the organization has a fixed salary, but the amount of work remains the same. Will it be calculated in proportion to the number of hours worked or will it remain the same, despite the fact that job descriptions when hiring, I didn’t sign and still don’t have them, just a verbal agreement on the amount of work.

The answer to the question is given by phone.

10/25/2013 - Vadim

Please tell me, the employer makes us write an application for a part-time job 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 application and what could be the consequences from the manager in our direction. Thanks in advance.

12/08/2012 - Evgenia

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

The answer to the question is given by phone.

09/09/2012 - Vera Krasilnikova

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

The answer to the question is given by phone.

09/07/2011 - Natalia

I want to work for 0.5 of the rate at the rate of 5.500 rubles + surcharge for complexity 1.500. Can I exercise this right.

The answer to the question is given by phone.

07/06/2011 - Maxim

I have two children 10 months and 2y 8 months, my wife is taking care of a child for 10 months, can I count on a part-time job? Thanks

06/16/2011 - anna

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

The answer to the question is given by phone.

04/23/2011 - Evgeniya

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

The answer to the question is given by phone.

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

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

In many respects, the mode of work on a part-time basis is still regulated by union acts of law (to the extent that it does not contradict the Labor Code of the Russian Federation) and, in particular, the Regulations on the procedure and conditions for the employment of women with children and working part-time "from 29 April 1980 N 111/8-51. It has been established that when hiring with a part-time job, this is not recorded in the work book (clause 3 of the Regulation).

Both the working day and the working week can be part-time. Moreover, neither a minimum nor a maximum is established in the current legislation. According to the Regulations 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-, six-day working week.

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

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

Part-time work may consist simultaneously in the reduction of the working day and the working week.

Such a part-time mode 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 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 the condition of part-time work is possible in connection with changes in the organizational or technical conditions of work, 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:

1) as follows from the provisions of Article 74 of the Labor Code of the Russian Federation, any essential terms of the employment contract can be changed, except 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 not later than two months before their introduction (for employers - individuals another period is set - not less than 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 contract (contract) on the grounds provided for in paragraph 7 of Article 77 of the Labor Code of the Russian Federation (the employee’s refusal to continue working due to a change in essential working conditions), the employment contract with him is terminated with the provision of the employee with the appropriate guarantees and compensation. Moreover, the employee has the right to declare his disagreement and quit on this basis only until the moment the part-time working regime is introduced (this is why the rule of a 2-month warning period has been established). If the employee changed his mind after the introduction of this regime, then he can quit only at his own request.

The cancellation of the part-time work regime 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.

Working on a part-time basis does not entail a reduction in the duration of annual and study leave, the time of work is counted in the length of service as full-time work; bonuses for work performed are accrued on a general basis; weekends and holidays are provided in accordance with labor legislation. 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 the employment contract.

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 working time established by the given employer. In the event that an employee, in accordance with the law (Article 92 of the Labor Code of the Russian Federation), has the right to reduced working hours, part-time work will be considered shorter than the corresponding norm of reduced working hours.

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, and the working time can be reduced by any number of hours or working days without any restrictions. Part-time work or part-time work week can be established both at the time of employment and subsequently.

Read also: Employment contract with chief accountant

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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 changes 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.

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

With part-time work, the number of hours of work per day is reduced compared to what is established in the organization by the schedule or schedule for this category of workers (for example, instead of 8 hours - 4).

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

Unlike reduced working time, 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, with part-time work, remuneration is made in proportion to the hours worked, and with piecework pay, depending on output.

Part-time work is usually established by agreement of the parties to the employment contract. Such an agreement can be reached both when applying for a job, and during the period of work. The condition of part-time work must be reflected in the employment contract or drawn up 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 established by any employee at his request and with the consent of the employer. At the same time, in certain cases, the employer is obliged to establish for the employee, at his request, a part-time work day or a part-time work week. Thus, part-time work is mandatory 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.

Consolidation of the right to mandatory establishment of a part-time regime of 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 with 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 work at the request of the disabled person, if such a regime is necessary for him in accordance with the individual rehabilitation program, which is mandatory for organizations regardless of their organizational and legal forms (Article 11 and Article 23 of the Law on the Protection of Disabled Persons ).

The refusal of the employer to satisfy such a request may be appealed to the labor dispute resolution bodies.

3. Part-time work is established for a fixed period or without specifying a period. At the same time, work on a part-time or part-time working week is indicated in the content of the employment contract (see article 57 and comments to it).

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

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

On part-time work for women and other persons on leave to care for a child under the age of 3, see Part 3 of Art. 256 and comment. 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 transfer to this mode, see comments. to Art. 74.

Persons hired for a part-time or part-time work week, as well as those employed at half the rate (salary) in accordance with an employment contract, are included in the list of employees of the organization. In the headcount, the specified employees are taken into account for each calendar day as whole units, including non-working days of the week, due to employment.

Persons who worked part-time in accordance with an employment contract or transferred with the written consent of the employee to part-time work, when determining average headcount employees are counted pro rata to hours worked (see Instructions for Completing the Federal statistical observation N 1-T "Information on the number and wages of employees", approved. Decree of Rosstat of October 13, 2008 N 258 // Questions of statistics. 2009. No. 1).

Commentary on Article 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, wages are paid in proportion to the hours worked, with piecework pay - depending on the output.

Part-time workers enjoy the same labor rights as workers with regular working hours.

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 recommendations 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. In such 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 part-time 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 it means a change in essential working conditions.

4. The legislation provides that in certain cases, if the employee expresses his will, 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 persons are mandatory for the employer (Articles 11 and 23 of the Law “On social protection disabled people in the Russian Federation).

5. Part-time employees are entitled to full annual leave, as well as 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 provided with weekends and holidays in accordance with the Labor Code and the shift schedule. IN 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.

Article 93 of the Labor Code of the Russian Federation

Part-time work - the regulatory framework, in which cases part-time work is issued, how to draw up an employment contract for part-time / part-time work

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

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 refused to accept the society for offsetting unreasonably incurred expenses for the payment of care benefits for the child during the time the named employees are on the next main vacation.

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 any restrictions for employees on the duration of the annual basic paid leave, calculation of seniority and other labor rights.

Article 93. Part-time work

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.

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 report 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.

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.

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

An employee may carry out his official duties in the part-time mode in two cases:
- if there is an agreement between the employee and the employer;
- mandatory due to the requirements of the law.

Two types of part-time work can be set:
- 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, 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 directly upon employment (for example, part-time work), this is prescribed in the employment contract concluded by the parties, and additional agreement it 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 the labor legislation does not establish in this case the 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 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). Legal status 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 the Social Protection of Disabled Persons 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 established family and life circumstances caring for a sick family member. In this case, the specified category of employees must be attached to the written application and submit to the employer documents confirming that their family member needs constant care in accordance with the 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 established a part-time work regime based on the employee’s application, the employer must issue the appropriate order or order to establish specific employee of the corresponding mode, indicating the duration of the 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 exercising their official 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. Part-time working 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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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)

By agreement of the parties to the employment contract, the employee, both at the time of 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.

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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:

Decision of the Supreme Court: Definition N APL12-646, Board of Appeal, appeal
Work from September 1, 2000 to October 1, 2004, when she did not fulfill the pedagogical load rate established for the wage rate. In support of the stated claim, the applicant pointed out that the contested norm in part does not comply with Articles 93, 423 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 the decision of the USSR State Labor Committee. .
Decision of the Supreme Court: Determination N VAC-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 dated July 16, 1999 No. 165-FZ “On the basics of mandatory social insurance”, Article 13 of the Federal Law of May 19, 1995 No. 81-FZ “On State Benefits for Citizens with Children”. At the same time, the courts proceeded from the fact ...
Decision of the Supreme Court: Ruling N 301-KG15-5751, Judicial Collegium for Economic Disputes, cassation
Regular annual paid holidays were granted until the end of parental leave, during this period they were paid childcare allowances and vacation pay for another vacation. 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 work

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

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: