LawState and Law

Shortened working hours and part-time work

The duration of a normal working week is forty hours. However, according to labor standards, individual workers are entitled to reduced or part-time work. Despite the seeming similarity of the name, these concepts are not identical: they are applied on different grounds and entail different consequences.

Incomplete employment - what is it?

According to the agreement with the employer, certain categories of employees can work on an incomplete schedule. This is possible by reducing the number of hours worked per week (for example, from forty to thirty) or by reducing the number of days worked per week, while preserving their normative duration (for example, eight hours from Monday to Thursday).

Payment under this schedule will be carried out either for hours worked, or for the amount of work performed. It is worth emphasizing that neither this holiday nor the calculation of the length of employment is affected by this type of employment, that is, the leave, the length of service, the sick leave, and other payments will be treated in the same way as for a full working day (week).

Who has the right to part-time work?

Apply for transfer to an incomplete schedule can:

  • pregnant women;
  • Raising a child under fourteen years of age;
  • Employees who raise a disabled child before he or she reaches adulthood;
  • Employees caring for a sick family member.

The reduction of the week (day) is set by them on their personal application, and the employer has no right to refuse, regardless of the nature of the work.

Incomplete employment is also possible for employees raising children up to three years, and with the preservation of leave for care and the right to benefit.

Incomplete time of work on the initiative of the employee can be established for a certain period (for example, until the child reaches a certain age) or indefinitely.

Part-time on the order of the employer

In some cases, the employer can transfer his employees for part time. For example, this is possible with the reorganization or change of technology and production conditions. In this case, it is necessary to notify each employee in writing two months (or earlier) before the introduction of the new regime. In addition, within three days is required to notify the employment service. An incomplete working day at the employer's request can not be established for a period of more than six months. The employee retains the right to refuse to work on an incomplete schedule. In this case, he should be dismissed not at his own will, but to reduce staff.

As in the first case, the payment will be based on the actual hours worked (shifts), with the right to full leave and the addition of worked time in the experience.

Reduction of the working day

Unlike the incomplete, the reduced day is established without fail on the basis of the desire of the employee or employer, the following categories:

  • Teachers and working in harmful and / or dangerous conditions - 36 hours;
  • Invalids of the first and second groups - 35 hours:
  • Employees under sixteen years - 24 hours.

The working day is reduced by an hour absolutely for all employees on a pre-holiday day, including, if the holiday fell on the weekend and was postponed. In addition, a reduced day can be established for other categories of employees, for example, working with chemical weapons, with immunodeficient virus-infected materials, physicians, and in certain cases, for example, in the summer months.

Payment for reduced working hours is charged as a full worked-out one. In other words, the reduced number of hours for these categories of employees is the norm, and only their inadequacy will lead to the need for a recalculation of salaries.

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

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