New edition of Art. 93 Labor Code of the Russian Federation
By agreement of the parties to the employment contract, an employee, both upon hiring and subsequently, may be assigned part-time working hours (part-time working day (shift) and (or) part-time working week, including with the division of the working day into parts). Part-time working hours can be established either without a time limit or for any period agreed upon by the parties to the employment contract.
The employer is obliged to establish part-time working hours at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as a person caring for a sick family member in accordance with with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. In this case, part-time working time is established for a period convenient for the employee, but not more than for the period of existence of the circumstances that were the basis for the mandatory establishment of part-time working time, and the regime of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks from work is established in accordance with the wishes of the employee, taking into account the production (work) conditions of the given employer.
When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.
Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.
⚖ Legislative norms
The possibility of switching to a part-time week does not contradict the current Labor Code (LC). The minimum working hours are not established by law; only the maximum is limited: no more than 40 hours per week.
Therefore, employers have the right to freely reduce the working week, provided that the salary is maintained. Also, by agreement between the employer and employee, it is possible to revise the work schedule with a change in income.
Based on Art. 57, 100 of the Labor Code, the employer must establish a certain length of the working week. This could be a five-day week with two days off, a six-day week with one day off, sliding weekends, an incomplete week, etc. But the working hours are an essential condition of the contract, and without it the document will be considered invalid.
The following provisions of the Labor Code are important for changing the working hours:
- In Art. 72 of the Labor Code provides for changes to the terms of an employment contract only by agreement of the parties.
- In Art. 93 of the Labor Code states that part-time work or a week is established both during the initial hiring and subsequently.
- In Art. 74 of the Labor Code provides conditions for the employer to revise the schedule unilaterally.
Among the latest legislative changes regarding the rights of the employer when introducing a working time regime:
- the opportunity to establish a part-time working week and reduce the daily working hours (under Article 93 of the Labor Code);
- the employer’s right not to arrange lunch breaks if the staff works up to 4 hours daily.
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Established working modes
Regarding the Labor Code, the transition to part-time working hours occurs after the employee provides the required documents and issues an order signed by the head of the institution.
The employer's guarantee obligations and all benefits for the employee must be preserved in full, which he must not forget about and confidently declare his rights. The Labor Code of the Russian Federation, Part 3 of Article 93 states that the time actually worked by him is included in the total insurance period as full, and every weekend, as well as holidays and vacations, are provided to him without exception and on the usual basis.
Also, part-time work may be introduced for the entire organization, at the initiative of the director or employees.
Here, part-time work is calculated for each staff unit. This is advisable when a business is suffering losses and there is a choice - to reduce staff or reduce the duration of all working hours.
It is very important to adhere to the legislative rules when the administration initiates the introduction of such a regime, for the successful implementation of this measure and to avoid difficulties in the future.
