Shortened working day according to the Labor Code of the Russian Federation. Reduced working hours and part-time work

Individual activities, as well as circumstances in the enterprise, may require less time for employees to be present at the workplace. The establishment of a reduced working day is regulated by the Labor Code, and some categories of employees have the right to require the employer to introduce such a working regime without the possibility of refusing such a requirement.

The concept of part-time and reduced working time and its regulation

First of all, under the reduced working day in the modern business environment is meant the mode of work, respectively, with part-time work (NRW). At the same time, the legislation regulates two separate modes of operation:

• Reduced working hours;
• Part-time work.

The difference between these concepts lies in the fact that the establishment of a reduced working day is mandatory for certain categories of workers and at the same time it is the norm of working time for them. In particular, the reduced duration of work is applied on a mandatory basis for minors, disabled people, as well as people working in or in training. Such restrictions are regulated by the provisions of Art. 92 of the Labor Code of the Russian Federation.

Part-time work is a concept when the total time for the performance of labor duties by employees is less than the statutory standards. Legal regulation of such a regime of labor is provided by the provisions of Art. 93 of the Labor Code of the Russian Federation. At the same time, this mode of labor activity can be applied simultaneously with a reduced duration of work.

Example: a minor who works 1 hour a day for one working week fulfills his obligations under reduced working hours due to his belonging to a special category of workers, and according to NRT, since the total time of his work during the period is less than the norms established by law .

Important fact

When working on a reduced working time, wages cannot be set below the minimum if the working time is at the level of established standards. At the same time, NRT work provides for remuneration in accordance with the hours worked, days worked, or the amount of work performed. As a result, the total earnings of an employee may be below the legal minimum wage.

Types of part-time work

Part-time work differs from flexible work or irregular work hours in that employees maintain a strict schedule. There are three separate mechanisms for introducing part-time work:

• The introduction of an incomplete shift while maintaining the size of the working week;
• Introduction of a shorter working week while maintaining the duration of the shift;
• Establishment of a part-time work week while reducing the duration of the shift.

In this case, the reduction in the duration of the working shift can be introduced both for all shifts and for individual working days in the week.

The procedure for establishing a shortened working day

The NRT regime is established by agreement between the employee and the employer and can be included in the terms of an employment contract, or regulated by an already existing contract. Moreover, if employment provides for NRV, the employer, in the absence of the employee's consent to work in such a regime, may simply not conclude an employment contract. With already working employees, setting a reduced working day is permissible only if the employee agrees to such changes in the working hours.

At the same time, there are a number of situations in which the initiative to establish such a labor schedule can be one-sided.

So, some categories of employees who may need more free time may require the employer to set them a part-time work week or a shorter working day. These persons include:

• Guardians, guardians and parents of a child under the age of 14, or a disabled child under the age of 18;
• Persons who are forced to care for a sick relative.

Also, the employer is obliged to satisfy the requirements of employees for their entry to work in the NRT mode, if they are in. At the same time, such employees retain state social insurance benefits.

The employer himself can set the NRT regime for the entire staff or individual employees if a threat looms over the organization. In such a situation, he is obliged to notify employees of changes in the work schedule no earlier than two months before changing such a schedule. If employees refuse to work under the new conditions, the employer has the right to dismiss them due to a reduction in staff, with the payment of all due benefits and within the time limits specified by law. In this case, the employer must notify the trade union body without fail.

Important fact

In addition to the trade union, the employer must also notify the employment center of all cases of establishing an NRV for employees. The absence of such notice may lead to administrative liability and the payment of a fine by officials, as well as directly by the legal entity-entrepreneur.

Separate nuances of working on a reduced schedule

When an employee works in NRT mode, any work that the employer requires or asks to perform in excess of the established schedule is considered overtime and is subject to additional payment, regardless of whether the total weekly or monthly total amount of work is included in the statutory standards.

can be installed in the organization only in exceptional cases. At the same time, the legislation provides for a special procedure for warning employees about the upcoming change, limits the duration of a short working week and establishes the specifics of payroll in this situation. Let's take a closer look at these aspects.

Normal working week

The law defines the basic standards for the working conditions of a working person. These include: the duration of the minimum paid leave, the duration of the probationary period, the minimum wage and, of course, working hours.

Working time is the period of time an employee performs his job duties. The employer must keep records of the time worked by each employee.

In accordance with Art. 91 of the Labor Code, the standard duration of a 7-day work day is 40 hours, that is, an 8-hour working day with a workload of 5 days a week. Along with this, employees of creative professions, for example, film production employees, theater workers, perform their job functions according to an individual daily schedule agreed in the internal documents of the enterprise.

Reduced working hours and part-time work

In addition to standard working hours, the Labor Code contains definitions of "reduced working hours" and "part-time work". In fact, these are similar labor circumstances, representing the duration of the work process that is less than the legally established standard.

Reduced working time applies to certain groups of employees who, due to age, physical characteristics or the specifics of working conditions, find it difficult to perform official duties throughout the entire established standard of the working week. The employer is obliged to reduce the standard working hours for these workers.

Part-time work can be applied both to the working week and to the working day and is determined by agreement between the employee and the management of the organization. Only in relation to some employees (for example, pregnant women) does the employer have an obligation to determine part-time work for them, but also only at the request of the employee.

The duration of the working day or week is one of the conditions of the employment contract between the employee and the management of the organization. With regard to the reasons due to which the employment conditions established in the contract are changed, the law provides for the following.

In accordance with Art. 74 of the Labor Code of the Russian Federation, it is possible to change the previously agreed labor conditions in the event of upcoming organizational or technological changes, such as:

• changes in the technique or technology of the production process;
• regular reorganization of production;
• other changes.

If the stipulated reforms can lead to a large-scale dismissal of employees, the management of the enterprise, in order to save jobs, is entitled to establish an order for part-time work (shifts, days or weeks), coordinating such changes with the trade union organization.

The law allows to reduce working days for up to six months. If the abolition of reduced working hours is expected earlier than the day determined for this day, the opinion of the trade union must be taken into account.

In the event that the worker does not agree to work part-time, the employment contract with him may be terminated. The reason for dismissal in this situation will be a reduction in the staff unit. In this case, the reduction procedure must be followed. The employee must be transferred all the cash payments that are established by law as compensation for reduction.

How to arrange a shortened working week at the initiative of the employer

Shortened work week involves a rigorous preparatory procedure. Each step is documented in writing.

So, to establish a regime of part-time work at the enterprise, you need:

1. Issue an order to the organization about upcoming changes in the working environment.

   The order must contain a systematic rationale for the need for the declared changes; be listed structural divisions of the enterprise, which will be affected by these innovations; clarified the specific mode of operation during the shift, day or week. In addition, the order must contain the start date of work in the new mode and the period for which it is introduced in the organization. The document should establish those responsible for notifying the team of employees. There is no strict statutory form for such an order, therefore, an order for an enterprise is drawn up in a free form, in the form that is common for such documents in a particular organization.

2. Notify employees.

   Each employee who will be affected by a change in the working regime must be notified about this 2 months before the upcoming changes. This is a very important stage in the transition to a new work procedure, since failure to comply with this condition may lead to a judicial cancellation of the part-time order with the recovery of the difference in wages. Therefore, notification of changes must be in writing. Each employee must sign for receipt of the notice of change, indicating the date of receipt. If the employee does not want to sign the notice, you need to prepare an act to this effect in the presence of 2 witnesses.

3. Inform the job board.

   In accordance with paragraph 2 of Art. 25 of the Law “On Employment in the Russian Federation” dated April 19, 1991 No. 1032-1, within 3 days from the date of the decision to establish part-time work in the organization, the employment service must be notified about this. If the employment authorities are not notified within the statutory period, a fine is possible in accordance with the administrative legislation.

Compensation for a shortened work week

Reducing the length of working time at the initiative of the employer, despite the natural increase in the period of rest, is not very beneficial for employees, since the amount of wages is necessarily reduced. Rostrud, in a letter dated 08.06.2007 No. 1619-6, specifically draws attention to the fact that with a reduction in the length of working time, the amount of salary decreases with any payment system (salary, tariff rates, mixed payment system).

When working under conditions of reduced working hours, labor is paid based on the actual hours worked or the volume of work performed.

Meanwhile, part-time work should not affect the duration of the vacation, other labor guarantees. The average daily wage for payments on sick leave, travel allowance, vacation pay is calculated in the usual manner, despite the fact that in the billing period the employee had a change in working conditions.

It is important to distinguish between a shortened working week at the initiative of the employer and a shortened working week by virtue of the law (Article 92 of the Labor Code of the Russian Federation). In the latter case, the reduction in working time does not affect pay, but is the responsibility of the employer. The above-mentioned categories of workers receive the same salary as those who work full time.

For an employee, part-time work at the initiative of the employer means that the company may be downsizing. Many prefer to quit on their own and look for a new job, while for others, a change in work schedule is only a temporary phenomenon.

part-time work

Working time is the time that the staff spends on the performance of professional duties. Its duration at the enterprise is set according to production needs and is fixed by local acts.

However, there is no explanation in the Labor Code of the Russian Federation regarding part-time work, therefore, if necessary, one should refer to other regulations. Such a document is the Convention of the International Labor Organization. It says that part-time work is a period whose duration is less than the previously established norm.

When introducing part-time work, one of the following modes can be used:

• reduction of the working day;
• reduction of the working week;
• reduced shift with reduced week.

There are several categories of workers who may work part-time or weekly. This is considered a full labor standard. We are talking about minors, disabled people, pregnant women, etc.

Salary

With part-time work, the income of subordinates decreases. The system of payment does not play any role, since the salary is paid according to the hours worked or output. Such reduction does not provide for other restrictions.

For example, an employee who is set to work part-time at the initiative of his employer is entitled to the same amount of annual leave as a full-time employee. There are also no changes to the accrual of seniority. Average earnings with reduced working hours are always calculated on a general basis.

Employer initiative

Establishing part-time work may be necessary for management for various reasons. Most often this is due to economic problems in the company, when the employer chooses to reduce working hours or lay off part of the staff. The manager has the right to transfer subordinates to another mode of work. The maximum period for such a change is 6 months.

Since the introduction of a shorter working day is a change in the terms of the employment agreement, it is necessary to adhere to the rules. The actions of the manager should not violate the rights of the staff or worsen the situation of the workers. An example is the fact that with a decrease in wages, it should not be less than the minimum wage.

Read also The procedure for issuing an additional payment for an irregular working day

Registration

After the director has decided to reduce working hours, he needs to arrange everything correctly. To do this, he issues an order. Before you draw up a document, you should develop a mode of work and wage payments. The part-time order includes:

• name of company;
• date of compilation;
• grounds for switching to part-time work on the employer's own initiative;
• terms of the reduced working day;
• the mode of operation that the manager considers acceptable;
• additional guidance to the accounting and personnel departments.

An order to transfer to a part-time job at the initiative of the boss is signed not only by himself, but also by the chief accountant, head of the personnel department, etc. A sample order can be found on the Internet. The law does not establish the form of the order, so it can be any. The main thing is to use the form of the company with the necessary details.

Further, the employer draws up notices of the transfer to part-time work. The notice must be issued no later than 2 months before the reduction of working hours. The head is obliged to prepare and send the document to each employee individually.

Reference: if the deadline for sending is violated, then the subordinate can achieve the cancellation of the order for a part-time transfer. There are many such cases in modern judicial practice.

The notice indicates the reasons for reducing the working day, terms, new work schedule, etc. The employer must indicate that if the person refuses to work in this mode, the contract with him is subject to termination. Each employee gets acquainted with the notice against signature, and the refusal is made in accordance with the established procedure.

The Labor Code of the Russian Federation states that if a person refuses to work in the changed conditions, an employment agreement is automatically terminated. But the employer has the right to independently decide on the issue of dismissal of such a subordinate, so he can leave him in office on the same terms.

As for the additional agreement, there are no instructions on the need for its execution in the regulatory acts. But since the working conditions prescribed in the document change, it is desirable to consolidate their changes additionally.

To do this, the head can conclude with each employee additional. agreement. In addition to information about the new mode of operation, the document must contain the details of the parties. Its signing means that the employee agrees to continue working.

If the introduction of part-time work does not need to be canceled in advance, then the manager is not required to draw up an additional local act. As for the timing, there are a number of nuances. For example, a new regime can be established only for six months. If the initial period was less than 6 months, management may extend the period up to a maximum upon its expiration.

Read also Features of processing with the summarized accounting of working time

The employer is not entitled to exceed the specified limit. This also applies to those cases when the employer transfers the staff to a normal mode of work, and after 1-2 months again introduces restrictions, which is illegal. At the same time, the specific terms of the break between these periods are not indicated in the regulations.

In practice, this is allowed if the reasons for introducing a new work schedule are different, and the interval between periods exceeds several months. Let's say that the first time the employer reduces working hours due to the reorganization of production, and the second time - due to changes in the technological process. Changes must be made formally and management can document this.

Union involvement

The opinion of the trade union on this matter is necessary if the company's management introduces reduced schedules in order to prevent mass layoffs of staff. Then the director, before reducing the number of days or hours, is obliged to send a draft normative document to the trade union.

Trade union employees must examine the submitted papers and, within 5 days from their receipt, provide the sender with their reasoned opinion. If the trade union body does not agree with any points of the local act, it may propose to the management to make changes. The employer decides to change the document within 3 days.

If it was not possible to reach an agreement, the contradictions are drawn up using a protocol. After that, the company's management can adopt a regulation and introduce changes to the mode of operation on its own terms. But in this case, you should be prepared for the fact that the trade union wishes to challenge the decision of the employer in court or the labor inspectorate. If the dispute is not resolved in favor of the initiator, he will have to cancel the innovation.

Employment Service Alert

When the company introduces reduced working hours, the management must notify the employment service. This rule has been mandatory since 2009. Deadlines are also set - 3 days from the date of the decision to reduce.

The employer draws up a notice, a unified form of which does not exist. Each director draws it up in any form, indicating the following points:

• start and end date of the part-time period;
• the reasons why the organization needs to reduce the number of hours;
• the number of subordinates forced to work under the new rules.

*This material is over three years old. You can check with the author the degree of its relevance.

The introduction of a shortened working day

The Labor Code of the Russian Federation provides for the right of the employer to introduce a part-time and (or) part-time working week at the enterprise.

In the current conditions of the economic crisis, the natural desire of employers is to reduce the wage fund.

The Labor Code of the Russian Federation provides for the right of the employer, in certain cases, to introduce a part-time (shift) and (or) part-time working week at the enterprise (Article 74 of the Labor Code of the Russian Federation). With the introduction of such a regime, remuneration is made in proportion to the hours worked, i.e. the salary is proportionally reduced (Article 155 of the Labor Code of the Russian Federation), which makes it possible to reduce labor costs.

Meanwhile, the Labor Code of the Russian Federation does not allow unreasonable actions of employers aimed at restricting the rights of employees. Therefore, the law establishes strict rules, subject to which the employer's right to such savings in the wage fund can be realized.

Conditions for the introduction of a shortened working day (week)

The introduction of a reduced working time regime is possible under the simultaneous presence of the following conditions:

1. Legally, the introduction of a part-time or weekly regime is a unilateral (at the initiative of the employer) change in the terms of the employment contract. The law allows such a change only for reasons that are related to a change in organizational or technological working conditions that do not allow maintaining the previous terms of the employment contract.

Thus, the first condition for the introduction of the regime is changes in working conditions, which should not be associated only with a reduction in funding. This should be, for example, the liquidation of a division (department) or the termination of the use of one or more production lines. In the event of a litigation, the employer will have to prove not only the fact of organizational or technical changes that have taken place, but also the fact that in the changed conditions it was impossible to maintain the previous terms of the employment contract.

2. The transfer of employees to the mode of reduced working hours is admissible only if such a transfer will avoid mass layoffs of employees. From the standpoint of the legislator, the goal of introducing the reduced working time regime is to preserve jobs.

In the event that production or technical changes at the enterprise entail not a mass dismissal, but the dismissal of only a few employees, the introduction of part-time work may be declared illegal.

The criteria for mass character are established by the “Regulations on the organization of work to promote employment in conditions of mass dismissal”, approved by Government Decree No. 99 of February 5, 1993.

The main criteria for mass dismissal are the indicators of the number of dismissed workers in connection with the liquidation of enterprises, institutions, organizations or a reduction in the number or staff of workers for a certain calendar period.

These include:

• liquidation of an enterprise of any organizational and legal form with a staff of 15 or more people;
• reduction in the number or staff of employees of the enterprise in the amount of:
  50 or more people within 30 calendar days;
  200 or more people within 60 calendar days;
  500 or more people within 90 calendar days;
• dismissal of employees in the amount of 1% of the total number of employees due to the liquidation of enterprises or reduction in the number or staff within 30 calendar days in regions with a total number of employees less than 5 thousand people.

As you can see, the established mass character criteria are not applicable to small enterprises in which the number of employees is less than the indicated figures. Therefore, strictly speaking, the latter cannot use the right to transfer employees to a reduced working time regime (there is no mass dismissal).

But it is obvious that when the Labor Code of the Russian Federation was adopted, this provision was included to prevent the release of a large number of workers in the labor market at once. In modern realities, in practice, the issue can be resolved in a different way: since the transfer to a reduced working time mode is more preferable than dismissal due to staff reduction, taking into account the mass character criteria can be considered discrimination in the sphere of labor and infringement of the rights of workers in small enterprises. In this regard, when deciding on the introduction of a reduced working time regime at small enterprises, the criterion of mass character should be taken into account, in my opinion, taking into account the specifics of the enterprise, i.e. based on the number of employees of a particular enterprise. The employer's decision and its rationale must be documented.

The law establishes a deadline for which part-time work can be introduced - 6 months. By order of the employer, a specific duration of the reduced working time regime is established, but not more than the deadline. After the expiration of the established period, employees must be transferred to the previous mode of work.

The procedure for introducing a shortened working day or week

In order for the employer's actions to introduce a reduced working time regime to subsequently not be recognized as illegal, the following algorithm of actions must be performed:

1. The employer must carry out and formalize measures to change the organizational or technological working conditions (reduction in production, termination of the unit, etc.).

2. The employer determines whether the given case falls under the mass character criterion and documents this decision.

3. The employer must notify all employees of the upcoming reduction of the day or week against signature. The notification may take the form of a local act (order) common to all, containing the reason for changing the terms of the employment contract and the date from which these changes will be introduced.

4. Also, the employer must, 2 months before the introduction of the regime in question, notify the Inspectorate for Labor and Employment of the subject of the Russian Federation (regions, territories, etc.), the employment service of his district. The notification must indicate the number of persons transferred to the new regime, the list of professions of persons, the reason for the transfer.

5. After 2 months from the date of official notification of the upcoming transition to the reduced working hours, the employer by order introduces this mode and again acquaints employees with the order against signature.

If employees refuse to continue working on the terms of reduced working hours, the employment contract with them is terminated under clause 2, part 1, article 81 of the Labor Code of the Russian Federation, i.e. according to the rules for reducing the staff or the number of employees of the organization. At the same time, the employee is provided with all the guarantees and compensations provided for in Articles 178, 180 of the Labor Code of the Russian Federation:

• severance pay in the amount of the average monthly salary,
• maintaining the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (with offsetting severance pay);
• in exceptional cases, the average monthly salary is maintained for the third month from the date of dismissal by decision of the public employment service agency, provided that the employee applied to this agency within two weeks after dismissal and was not employed by him.

The duration of the working week in a number of situations can be determined by the parties to the employment contract independently, but at the same time, the law regulates the maximum limits of working time, which must not be exceeded. For information on how to correctly calculate the duration of the working week in a particular case, read our article.

Normal working week

The working week in the Russian Federation cannot last more than 40 hours (see paragraph 2 of article 91 of the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ). This rule is relevant for any work regime, including both 5- and 6-day working weeks.

In the 1st case, the duration of the working day should be a maximum of 8 hours. In the 2nd, since the Labor Code of the Russian Federation does not regulate the duration of the working day with a six-day period, its duration is entered individually by each employer, taking into account:

• the maximum allowable duration of daily labor (see article 94 of the Labor Code of the Russian Federation);
• the need to limit the duration of working time to 5 hours per day on the eve of the day off (paragraph 3 of article 95 of the Labor Code of the Russian Federation).

On the basis of this parameter (duration of the working week), in the future, working time norms can also be calculated for other accounting periods (see clause 1 of the Procedure for calculating the working time norm ... ”, approved by order of the Ministry of Health and Social Development of the Russian Federation of August 13, 2009 No. 588n).

At the same time, for certain groups of workers, the employer must / has the right to provide for reduced or part-time work.

Also, the duration of night shifts should be reduced by 1 hour (paragraph 2 of article 96 of the Labor Code of the Russian Federation).

Shortened work week

This mode of labor organization provides that the employee actually has to work less than the normal duration of the working week, the number of hours for the same period of time.

The list of persons to whom such a working week should be introduced is regulated by Art. 92 of the Labor Code of the Russian Federation. These include persons:

• Under 16 years of age. They are supposed to work a maximum of 24 hours a week.
• Over 16 years old, but under the age of majority. Their working week should not exceed 35 hours.
• Having a disability of I or II group. Their work activity should remain within 35 hours per week.
• Working conditions in workplaces which have been duly identified as harmful or dangerous. These persons are supposed to introduce a working week of up to 36 hours (see also paragraph 7 of the named article).

This list is not exhaustive and may be supplemented by federal legislation.

Thus, the working week of teaching staff has been reduced to 36 hours (paragraph 1 of article 333 of the Labor Code of the Russian Federation).

Another category is healthcare workers. As a standard, their working week can reach 39 hours (paragraph 1 of article 350 of the Labor Code of the Russian Federation). But Decree of the Government of the Russian Federation of February 14, 2003 No. 101 regulates the list of specialties of medical workers, types of medical institutions and characteristics of working conditions, when the duration of work is limited to a greater extent.

Women working in rural areas or in the Far North should be introduced to a working week lasting a maximum of 36 hours (paragraph 1, clause 13 of the resolution of the plenum of the Armed Forces of the Russian Federation dated January 28, 2014 No. 1).

There are other cases when the reduction of the working day is mandatory, related to the characteristics of the employee or the labor process.

Features of payment for a shortened working week

Such a workweek for the persons listed in the previous section will be considered full and paid as a standard 40-hour, subject to certain exceptions.

The law enforcer explains: for underage workers, the amount of remuneration is directly dependent on the de facto hours worked or the volume of work performed and is determined in proportion to these indicators. Although the employer may, on his own initiative, make additional payments to such employees, including up to the wage limits of persons working full-time (paragraph 3, clause 12 of resolution No. 1).

Payment for hours worked outside the regulated duration of reduced working hours is carried out according to the rules of remuneration for overtime work (see the decision of the Murmansk Regional Court dated November 12, 2014 in case No. 33-3576-2014, paragraphs 2-3, paragraph 13 of resolution No. 1).

Duration of the working week with part-time work

In general, the working day of a person working part-time cannot last more than 4 hours. The total number of hours worked by a part-time worker for a certain accounting period should not exceed 50% of the regulated working time for a specific category of workers (paragraph 1 of article 284 of the Labor Code of the Russian Federation).

Accordingly, if a 40-hour working week is established for a person at his main place of work, then the working week for him, already working as a part-time worker, should not exceed 20 hours.

Another example is medical workers of health organizations living and working in rural areas and urban-type settlements. They are allowed to be involved in part-time work for no more than 39 hours a week (see Decree of the Government of the Russian Federation of November 12, 2002 No. 813, adopted in pursuance of paragraph 2 of article 350 of the Labor Code of the Russian Federation).

Part-time work week: differences from the reduced

In certain cases, an employee may be introduced a part-time work week (Article 93 of the Labor Code of the Russian Federation), which must be distinguished from a shortened one.

So, in the 1st case, the remuneration for work is calculated in proportion to the time worked in fact. Reduced working time for certain groups of workers is considered full, although in terms of the volume of working hours both per day and per week it differs from the standard one downwards.

The 2nd difference is associated with different ways of establishing such labor regimes:

• reduced working time is introduced for a specific group of workers (see article 92 of the Labor Code of the Russian Federation);
• incomplete can be appointed both by mutual decision of the parties to the employment contract, and at the initiative of the worker himself.

A part-time work week should be introduced for such persons who have applied with this request to the employer, as:

• pregnant employees;
• 1 parent of a child under the age of 14;
• 1 parent of a minor child with a disability;
• persons caring for a member of their family in connection with the illness of the latter in accordance with the conclusion issued by the medical organization.

The organization of such a working regime is carried out on the basis of the application of the listed persons and is the responsibility of the employer (paragraph 3, clause 13 of resolution No. 1).

At the same time, the entry in the work book does not contain a note that the employee works part-time (see clause 3 of the regulation “On the procedure and conditions for the employment of women with children and working part-time”, approved by the resolution of the USSR State Labor Committee, secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 No. 111 / 8-51).

Accounting for hours worked

Accounting for time actually worked by employees is a duty, not a right, of the employer, although they often neglect this requirement of the Labor Code of the Russian Federation (paragraph 4 of article 91 of the Labor Code of the Russian Federation).

For the indicated purposes, a special form of the time sheet is used (see form T-12, approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1).

In addition to its main purpose, such a report card can be used as one of the main evidence submitted by the parties in a litigation under labor law (see the decision of the Yuzhno-Kurilsky District Court of the Sakhalin Region dated April 19, 2016 in case No. 2-73 / 2016).

In addition to such written evidence, the following may also be taken into account:

• witness statements confirming the actual presence/absence of the employee during the contested period of time;
• labor contract;
• other facts (for example, parallel work for another employer, etc.).

In addition, not always the mentioned report card can be characterized as reliable evidence. For example, often such time sheets were drawn up retroactively after instructions based on the results of an audit, etc. (for example, the decision of the Troitsk City Court of the Chelyabinsk Region dated March 23, 2015 in case No. 2-244 / 2015).

Responsibility of the employer for violation of the requirements of the Labor Code of the Russian Federation

An employee who believes that his rights have been infringed by the employer due to non-compliance with the regulated labor regime may apply to the court for recovery from the latter:

• Unpaid monetary reward.
• Interest for delayed wages (Article 236 of the Labor Code of the Russian Federation). The obligation to pay such compensation rests with the employer, regardless of his fault (for example, the decision of the Perm Regional Court dated March 12, 2014 in case No. 33-2160/2014).
• Compensation for moral damage. At the same time, the fact of causing moral harm to an employee whose rights were violated by the employer is presumed in accordance with Art. 237 of the Labor Code of the Russian Federation. Compensation for moral damage is not associated with the amount of property damage indicated for compensation (paragraph 63 of the resolution of the plenum of the Supreme Court of the Russian Federation “On the application by the courts ...” dated March 17, 2004 No. 2).

In addition, paragraph 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation of December 30, 2001 No. 195-FZ on liability in the form:

• warning or an administrative fine in the amount of 1,000 to 5,000 rubles. - for officials;
• a fine from 1,000 to 5,000 rubles. - for persons engaged in entrepreneurship without forming a legal entity;
• a fine from 30,000 to 50,000 rubles. - for legal entities.

Repeated prosecution of this kind of responsibility for committing a similar offense is fraught with the imposition of even greater fines, as well as the possible disqualification of the relevant official (see paragraph 4 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Let's summarize. Maximum limit of normal working week length equals 40 hours.

Some categories of workers should be introduced a shorter working week. Otherwise, all time outside the statutory limits of the working day must be paid as overtime. Also in this case, the employee has the right to compensation for non-pecuniary damage from the employer.

By agreement between the employee and the employer, the first may be agreed on a part-time work week, although the law defines groups of workers to whom the employer is not entitled to refuse to establish a part-time work week.