Shortened pre-holiday working day according to the Labor Code of the Russian Federation. Shortened working week at the initiative of the employer

Sergey Petrov

Many employees dream of having a shorter working day. The legislation provides for such an opportunity for certain categories of workers. Who has the right to use it and when?

On the essence of the concept of a shortened working day

Article 92 of the Labor Code of the Russian Federation.

To comprehend this term, it is necessary to know how the legislation interprets the concept of a working day. This is the part of the calendar period that is spent on the performance of a specific volume of services or the production of products. For employees, time is measured in hours and days in accordance with what time a person came to work, started it, finished work, left the workplace.

Fact! The amount of working time, which is the maximum allowable for citizens, according to the law, is no more than 40 hours per week, 8 hours daily with a five-day week.

At enterprises, the working day may be reduced for individual employees, as well as for the entire workforce. This norm is stipulated in the Labor Code and should be included in the labor regulations of the organization.

The obligatory shortened duration of the week applies to certain categories of citizens:

1. Employees 15-18 years old - due to age characteristics, in order to avoid increased stress on the young body.
2. Citizens employed in hazardous production. Workers in this area are prone to occupational diseases due to the impact of negative factors.
3. Pedagogical workers whose work is associated with high intellectual and nervous tension.
4. Women employed in agriculture, which is associated with increased stress on the body.
5. Disabled people of groups I and II for medical reasons.
6. Women living in areas with special climatic conditions, which are equated to the northern regions.

Reduced work time must be distinguished from part-time work week. Such a week, like a day, is established for the employee at his request. This condition is written in the employment contract.

The main difference between the two concepts is the amount of payments:

1. Payment for a day not fully worked is made in accordance with the number of hours or depending on revenue.
2. With a shortened mode of labor activity, payment is made in full according to the conditions established by law.

Reducing the time of labor activity of employees does not lead to a loss in wages, a change in the duration of vacation. This is guaranteed by the state and aims to create favorable conditions for the work of certain categories of citizens.

When can you legally reduce hours of work?

Before official public holidays, the opening hours are shorter by 1 hour. All employees whose activities are not related to work on a rotating schedule are entitled to this, in shifts. For those whose work week consists of 6 days, the pre-holiday day should last no more than 5 hours.

Interesting! If the enterprise by type of activity does not have the opportunity to reduce the time on holidays, then instead of the number of hours that could be used by the employee, he is given additional time for vacation.

Also, these hours can be replaced by monetary compensation for overtime work at the request of the employee. Payment for pre-holiday days is made as for a full day.

The mode of operation at any enterprise and institution is organized in accordance with the norms of SanPiN. For example, the temperature regime in production or in the office affects the performance of work. In this regard, sanitary standards stipulate that the temperature in the office should be kept in the range of + 20-28C. With a deviation from the extreme points of the norm in the direction of increasing or decreasing the temperature, the working time is reduced. Control over the implementation of sanitary and other standards should be carried out by the administration of the enterprise.

Each enterprise has individual features of the organization of production. The established labor standards change if the required amount of work is not available or other force majeure situations occur. The management of the institution has the right to organize a temporary mode of leaving the team for a short shift or a week through a reduction in hours of work.

How to arrange a transfer for a short day?

If the employee has a need to switch to a reduced working day, then for this you need to fill out an application addressed to the employer with an explanation of the reasons for such a need.

Conditions for switching to a shortened day:

1. Notify management 2 months in advance.
2. Administration must be notified in writing. Based on the application for the employee, an order is drawn up.
3. Specify the reason for which the need arose. The reason must be valid with the provision of a supporting document. For example, if patient care is needed, then you need to provide a certificate from the clinic.

Women can apply for a short day, if the specifics of the enterprise allow it. According to the Labor Code, the head is obliged to sign the consent to the application of those who have the right to do so, if there are reasons prescribed in the law:

1. There are children under 14 in the family who do not attend preschool and require care.
2. Need to look after a sick family member.
3. If a woman works as a part-time job.

In the absence of these conditions, the employer may refuse to reduce the working time for a woman.

Legal framework

The procedure for establishing a shortened working time is regulated by the Labor Code, in particular, Article 92.

It is written in it:

• norms for the length of the week in a reduced mode;
• grounds for shortening working hours due to specific working conditions or other conditions.

Articles of the Labor Code regulating the procedure for establishing a short working week

Article 320 of the Labor Code of the Russian Federation.

Article 271 of the Labor Code of the Russian Federation.

The norms of the Labor Code and other legislative acts on reducing the time of labor activity of different categories of citizens:

1. Children under 16 years of age are accepted for work if there is parental consent. The mode of their work should not exceed 24 hours, for adolescents aged 16-18, the norm should not be more than 36 hours. If a worker is simultaneously studying at an educational institution, then the norm is reduced to 12 hours a week for citizens under 16 years old, 17.5 hours - up to 18 years old.
2. Special conditions must be created for the disabled, taking into account their state of health. For them, a week can last a maximum of 36 hours. This category includes citizens only with I and II groups of disability.
3. By order of the Ministry of Labor No. 33n, working hours for those employed in hazardous production are maximum 36 hours. The Labor Code allows an increase in working hours to the prescribed 40 hours, but only with the consent of the citizen.
4. According to the Decree of the Government of the Russian Federation No. 101, doctors have the right to work in a shortened mode. Depending on the position, they can apply for a week from 30 to 36 hours. The list of positions is specified in the Appendix to the Resolution.
5. Art. 333 of the Labor Code regulates a shortened week for teachers - up to 36 hours. The norm can be reduced to 30 hours, depending on the position (Order of the Ministry of Education No. 1601).
6. Art. 423 of the Labor Code prescribes a reduction in the working week to 36 hours for agricultural workers.
7. For students who combine study with work, the work week may be reduced if they express a desire to do so to the employer. The university where the student is studying must have state accreditation.

Concern for working citizens is also inherent in the legislation of other countries. For example, in the Labor Code of Ukraine and other former Soviet republics, norms are fixed that reduce the length of the working day for underage citizens, for women with small children, and the disabled. These provisions are fixed in the local acts of the enterprise.

How is the transition to a short week

The transition to a short day is made at the initiative of the employee or management.

Article 93 of the Labor Code of the Russian Federation.

Employee initiative.

Sample application.

A citizen must write a statement to the head with a request to reduce hours of work. Documents confirming the importance of the reason must be attached to the application.

Employer initiative

The enterprise for such a step must have good reasons, for example, an attempt to avoid mass layoffs of workers. Management needs to attach a rationale based on the calculations of economists, and thus prove that the introduction of a new work schedule is economically justified.

By agreement of the parties

It is much easier to organize the procedure for switching to a new regime of activity if the parties have mutually agreed on the need for this. In this situation, it does not matter who is the initiator.

After the change in regime is justified, a new schedule is officially formalized in stages:

1. Warning employees in writing with all the details: a new mode of work, changes in wages, if any.
2. Issuance of a change order.
3. Familiarization of employees with the order.
4. Drawing up an agreement on the reduction of working hours, which is an annex to the employment contract.

The reduction in working hours does not mean that the duration of the vacation or the number of paid days upon dismissal is reduced for citizens.

The shortened pre-holiday day according to the Labor Code of the Russian Federation is the day immediately preceding a non-working holiday. As a general rule, the duration of a working day or shift on a pre-holiday day, according to labor legislation, is reduced by one hour (Article 95 of the Labor Code of the Russian Federation). And if the holiday is preceded by a day off - according to the calendar or work schedule, then the duration of the last working day before the day off is not reduced.

For example, the pre-holiday day of December 31, 2016 falls on a Saturday. This is a public holiday in an organization with a five-day work week. In this regard, on the previous working day - December 30 - the duration of the working day, as well as on other days, will be 8 hours.

Note that professional holidays such as lawyer's day, trade workers' day, geologist's day, etc., are not official holidays and non-working holidays. Therefore, the duration of the working days preceding them is not reduced.

Pre-holiday day in continuously operating organizations

Not every employer can provide their employees with a shortened pre-holiday working day. We are talking about continuously operating organizations, for example, medical institutions, transport companies, etc. Employees of such organizations, as compensation for processing on the pre-holiday day, are entitled to additional rest time or payment according to the norms established for overtime work (

During the crisis, the introduction of part-time work in companies became very popular. AvtoVAZ, Evraz, KamAZ and a number of other enterprises have already taken this path. However, such a regime is not an unconditional right of the employer, and when implementing it, one should take into account the norms of legislation that establish both the rights of employees in such cases and the requirements for such a procedure.

The introduction of a part-time working day or week is permitted by Article 74 of the Labor Code. In accordance with it, the employer may not lay off people, but introduce a part-time regime for up to six months due to changes in organizational or technological working conditions (for example, changes in equipment and production technology) to prevent mass layoffs. "Temporary transfer to part-time mode, at the end of which employees are either reduced or returned to normal mode, can only be introduced in relation to the number of employees that meets the criteria for mass layoffs," says Alexei Ivanov, head of the HR consulting department at ACG Intercom -Audit".

To introduce a part-time work regime, the employer will have to prove a change in organizational or technological working conditions. The crisis itself does not apply to such circumstances. But if, for example, a structural reorganization of production occurs in connection with it, then it is possible to revise the mode of operation. Then you need to check whether the situation of workers will worsen compared to the established collective agreement and agreements, take into account the opinion of the trade union and issue an order to introduce part-time work for up to 6 months.

The employer, with sufficient grounds, has the right, on his own initiative, to establish a part-time working week or part-time day for both all employees and for some of them. At the same time, if part of the employees is transferred to a shorter day, then such a decision must be reasoned in notifications sent in advance to employees. Employees should be aware of upcoming changes in working conditions at least two months before the date of the proposed changes. This decision must also be made by the employer, taking into account the opinion of the elected body of the primary trade union organization. In addition, from January 1, 2009, when a part-time work regime is introduced, the employer is obliged to inform the employment authorities about this within three days after the decision to carry out the relevant measures has been taken.

The introduction of part-time work is possible both with the consent of the employee, and without it. In the first case, no problems arise, the parties must sign an additional agreement to the employment contract establishing the changed working hours. In the second case, the employee is fired through a reduction if he did not agree to work in another job available to the employer.

Agreement without amendments

Since the working time regime is established at the enterprise by a local act (for example, the Internal Labor Regulations), in order to change it, it is necessary to adopt a new version of the document, taking into account the opinion of the elected body of the primary trade union organization (Article 190 of the Labor Code). “The working time regime is reflected in the employment contract only when it differs from the general rules adopted by the employer for this employee. When the entire organization switches to part-time work, there is no need to make changes to it,” says Ivan Mikhailov, an expert at the Legal Consulting Service GARANT .

When the entire enterprise is transferred to part-time work, it is necessary to make changes to employment contracts with employees only if the provisions of the contract themselves duplicate the conditions of the Internal Labor Regulations on establishing the working time regime. If the contract contains only a reference to a local act, the contract does not need to be rewritten. "When a separate subdivision of the company (department, department) is transferred to the part-time mode, then such changes can be fixed either by adopting a local act in relation to the relevant subdivision (for example, the Regulation on establishing the working hours of accounting employees), or by amending employment contracts with employees,” says Andrey Shkadov, FBK-Pravo Leading Legal Counsel.

Mode not for everyone

Obviously, a change in organizational or technological working conditions may not affect all structural divisions of an enterprise, especially if this enterprise is a diversified holding. "There are no obstacles to the introduction of a part-time regime only in relation to some structural divisions of the organization. At the same time, the employer must check with industry or territorial agreements on the criteria for mass layoffs," recalls Ivan Mikhailov.

If the employees of the structural unit is not massive, the short-term introduction of part-time work is impossible. In the absence of sectoral or territorial agreements that apply to this employer, the criteria for mass layoffs can be found in the Regulations on the organization of work to promote employment in conditions of mass layoffs (approved by Decree of the Government of the Russian Federation of February 5, 1993 N 99). But the introduction of part-time work only for some employees of different departments can be regarded as their discrimination.

The establishment of a part-time regime on an individual basis (in relation to individual employees) is allowed only by agreement of the parties (Article 93 of the Labor Code). "Based on our practice, we can say that in different situations, relations between employees and employers develop differently. If employees understand that the employer is ready to continue labor relations with them, but on new conditions that suit them, they can meet him halfway, - Andrey Shkadov believes, “If there is a confrontation between employees and the employer and the parties cannot find a compromise, then it is impossible to unilaterally establish a part-time regime for several specific employees.”

Holiday pay stays the same

When working on a part-time working week, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. Taking into account the literal interpretation of this norm, the reduction in wages should be proportional to the reduction in working hours. That is, if earlier a worker worked 40 hours a week and received, for example, 40 thousand rubles, then if the working time is reduced to 36 hours a week, he will receive 36 thousand rubles. “If an employee has a piecework wage system, then, as before, he will receive wages depending on the amount of work performed,” Ivan Mikhailov points out. “It is clear that in less time the employee will be able to complete a smaller amount of work.”

Article 93 of the Labor Code establishes a general rule that part-time work does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights. This means that it does not entail any changes for employees in relation to the mechanism for calculating vacation and sick pay. In both cases, the average earnings will be used.

Holidays for part-time workers are granted according to the general rules. Their duration does not change. When determining the average earnings, the total amount of payments during the billing period is divided by the time actually worked (Article 139 of the Labor Code). Since both of these values ​​will decrease, the amount of vacation pay will not change significantly.

When calculating benefits for temporary disability, calendar days, and not working days of the billing period, are taken into account (clause 15 of the Regulations on the peculiarities of the procedure for calculating benefits for temporary disability, for pregnancy and childbirth for citizens subject to compulsory social insurance). Therefore, the amount of sick leave will decrease. But this applies only to those who, before and after the introduction of part-time work, received less than 18,720 rubles. (maximum allowance in 2009). Employees who receive more will not notice changes in sick pay.

The part-time work regime is canceled after the expiration of the period for which it was introduced. There is no need to issue a special order for this. The cancellation of part-time work ahead of schedule is formalized by the order of the employer, which is adopted taking into account the opinion of the trade union.

The dilemma of the modern employer looks like this: reduce employees or their working hours? An experienced boss often chooses the latter. According to statistics, today every fifth officially employed citizen works on a reduced working week.

Any employment relationship by law must be formalized legally. In the Russian Federation, such norms are determined by the Labor Code. It also enshrined the concept of a standard work week, the duration of which is 40 hours.

Regulation under the Labor Code of the Russian Federation

According to his 15th chapter, a shortened week is called one in which net working time is less than 40 hours for permanent and seasonal employees. At the same time, such a schedule must be legally issued by the employer.

Please note that exceeding this number of working hours is unacceptable according to the Labor Code.

The only exception is work on a shift system, where the duration of work and the schedule of exits are fixed in the employment contract.

Reduction of working time is not always a consequence of a crisis in the company. According to the Labor Code of the Russian Federation (Article 92), it is mandatory to install it in such cases:

• An employee hired under an employment contract has not yet reached the age of 16. In this case, the maximum allowed number of working hours is 24.
• For persons aged 16 to 18, the permissible number of working hours is 35.
• For employees who have I and II disability groups, it is allowed to set up to 35 hours a week.
• If the working conditions have received a 3 or 4 degree of danger, the maximum number of hours allowed is 35.
• If the employee is a student in a working specialty - no more than half of the allowable time.

In addition to these regulations, a shortened week may be established at the initiative of the employer for any other category of employees in accordance with the Federal Law of 2006.

The schedule for workers is once a month, quarter or year. The employer undertakes to clearly keep records of the working time of the subordinate, to draw up reports for the past quarter. According to the Labor Code of the Russian Federation, it is this indicator that is the basis for calculating the amount of wages, vacation pay, sick leave, severance pay, and the like.

Does the employer have the right to impose such a procedure?

Reducing working hours is a normal practice in Russia. According to Article 92, the working week is reduced for people with disabilities, on the basis of age, for harmful working conditions, etc. In addition, the Federal Law of 2006 allows the employer to reduce time on their own initiative. It was he who laid the foundation for the legal right to reduce the output of employees, transferring them to a less intense work schedule.

The duration of the working day, shift or week is initially fixed in the employment contract, which is concluded between the employees and the head of the company. It is possible to change the terms of the agreement under the circumstances enshrined in Article 74 of the Labor Code of the Russian Federation. All of them are directly related to the production process:

• change in the technological process of production, technology;
• reorganization of production;
• other changes.

Reduced working time in this case is an alternative to the reduction of staff after the reorganization of the production process, as a result of which such a quantity of labor is no longer needed to complete the tasks. If an employee refuses to switch to a new mode of work, the employment contract with him may be terminated with subsequent material compensation.

The maximum allowable time reduction period is 6 months, the employer is also obliged to coordinate any large-scale personnel changes of this type with the trade union organization.

To whom is it required by law?

At the request of the employee, the manager can set him such a framework for work. According to article 93 of the Labor Code, the employer is obliged to arrange a part-time / shortened week:

• for pregnant women;
• if the employee has a child under the age of 14, one of the parents is allowed to apply;
• one parent of a child with a disability under the age of 18;
• if a subordinate takes care of a sick relative on a medical report;
• if an employee has taken parental leave while retaining the right to receive state benefits, the rule applies to both parents or guardians in accordance with Article 256 of the Labor Code.

An employer can also make a reduction proposal, using the same provisions of the Labor Code.

In addition, the management of the organization is obliged to change the cooperation agreement according to the age criterion: if the person engaged in labor activity has not reached the age of 18 or receives a pension benefit.

Registration procedure

The shortened week involves the scrupulous preparatory work of the employer, consisting of several stages:

1. Necessary issue an order about upcoming changes in the mode of operation with legal and systemic justification. It is necessary to mark all the structural divisions that will be affected by the changes, to highlight the new mode of operation. There is no national standard form of the document.
2. Necessary notify employees. You can assign responsibility for notifying the team about upcoming changes. The official notice must take place at least two months before the planned changes in writing. Each employee must familiarize himself with the document against signature, this is the guarantee of the employer that in court his decision to transfer to a shortened week will not be canceled. If a person refuses to sign a notice, it is enough to draw up in the presence of 2 more people
3. Necessary inform the job board no later than three working days after the introduction of changes in the work schedule. This is required by article 25 of the state law of 1991. In case of violation of this paragraph, a fine may be imposed on the organization.

Some of the nuances of the duration of working time and rest are analyzed in the following video:

The nuances of wages

A reduction in the duration of labor means a reduction in wages under any system of payment. Even if you received a fixed salary, its size should decrease in proportion to the new output.

With such a transition, employees are paid based on the hours worked or the amount of work performed, depending on the type of contract with the organization.

All other payments: sick leave, business trips, vacation pay, etc. remain the same amount specified in the contract. For the calculation unit, a fixed average daily wage is taken as for a normal working regime.

If the reduction in working hours did not occur at the initiative of the employer, but according to the law (Article 92 of the Labor Code), then the amount of wages does not change, despite the reduction in hours of activity.