When each person is employed in a company, the terms of cooperation are stipulated. They also apply to working hours and weeks. It is often required for a particular employee to reduce the duration of working hours. This is due to his training in an educational institution, the need to care for a sick loved one, specific status or other factors. Reduced working hours are set only for employees who have good reason for this.
The concept of the duration of work
The length of the working day and week is determined by the employment contract, for which two participants must first discuss the rules of cooperation. According to TC, a working day can be:
- standard;
- abbreviated;
- incomplete.
The standard schedule is used most often. He suggests that citizens work 5 days a week. It takes 8 hours to work a day. If an employee is assigned a shorter working time, then he works in the company for fewer hours per day and week. For this, there must be good reason for both sides of the employment relationship. There are some categories of employees who may insist on such a schedule based on their status. All such categories are enshrined in federal law.
The company management can independently decide on the use of reduced working hours per week for various reasons.
Features of a shorter working day
The length of the working day is represented by the time period during which the employee of the company is engaged in his labor duties, which are determined by the labor contract and the internal schedule of the organization. This period includes not only the time when a person is engaged in his official duties, but also the breaks necessary for eating and resting, and also includes business trips or downtime.
The TC contains information about the maximum length of a working day that can be used by company executives. Normal duration is represented by 40 hours per week. Exceeding this value is not allowed, since in this case workers have to deal with overtime work and irregular schedules.
Reduced working hours are set for certain categories of workers who cannot spend 40 hours a week on work. There must be good reason for this. For each category of workers, the legislation provides for its own optimal duration of a work shift. For this, the employee’s age, features of his work or other factors are taken into account.
Who can count?
Only some employees can count on reduced working hours. Categories are determined by federal law. These include the following employees:
- minor citizens whose age is less than 16 years can work no more than 24 hours a week;
- if the minor employee is more than 16, then he can work up to 35 hours a week;
- disabled people of the first two groups can work no more than 35 hours a week;
- workers performing their labor duties in hazardous conditions may require the employer to reduce the duration of the working week to 36 hours;
- teachers work up to 36 hours a week;
- employees in the medical field can expect a reduction in the duration of the working week to 39 hours.
Can a reduced working time be established at the initiative of the employer? The head of each company can decide to reduce working hours for each employee, if this is due to the characteristics of the enterprise. Employees must be notified in advance of such terms of cooperation.
Reduced working hours are set for employees of psychiatric institutions, since they should spend no more than 36 hours a week on work. Women working in rural areas can expect a reduction in working week to 36 hours. The same applies to work in areas equated to the Far North.
How is the schedule set?
With direct employment, the head of the company discusses with the new employee the main nuances of cooperation. If a citizen has the right to a shorter working time, then the relevant information is entered into the labor contract.
To reduce the schedule is allowed only if there are two reasons:
- membership of a citizen in a certain category, enshrined in law;
- features of work in a particular company, for example, if an employee is forced to encounter dangerous or harmful conditions, he may demand a reduction in the schedule.
Reduced working hours are set for all employees of the enterprise if they work in difficult or dangerous conditions. For this, the necessary changes are made to the internal local acts of the company. Such a schedule cannot serve as a basis for reducing the size of wages.
Short-term workers can expect to receive a full salary. The only exception is the use of labor by minor employees, for whom the work week is significantly reduced.
Information about how much shorter working hours are set for a particular person is entered in a special order issued by the head of the company. The same information is included in the employment contract drawn up with the hired specialist.
What information is entered into the employment contract?
If an employee is assigned a shorter working time, this information is mandatory fixed in an individual labor contract. The following information is entered into this document:
- the exact number of hours that an employee will spend to perform his duties per day and week;
- the period when work begins and ends;
- break information;
- information about the days off.
This contract is completed with an order issued by the head of the enterprise. The same information is entered into it, as well as details of the parties and their signatures are included in it. The seal of the organization is put at the end.
What documents are required from the employee?
According to the Labor Code, shorter working hours are proposed either on the initiative of the employer, or when the employee belongs to the category enshrined in the legislation. In the second case, the citizen must prove that he really has a specific status, for which the relevant documentation is handed over to the head of the company. It can be represented by the following papers:
- passport confirming that the employee is a minor citizen;
- certificate of a disabled person;
- a copy of the work book, which contains information that a person works in dangerous or harmful conditions.
The employer must refer to these documents when issuing an order, on the basis of which the working hours for a particular employee are reduced.
The nuances of drawing up an agreement of the parties
Often, employers themselves decide on the need to reduce the period of work for different employees. Payment for reduced working hours cannot be reduced. Under such conditions, two methods can be selected:
- reduction in the length of the working day;
- reduction of the work week, for example, a specific employee can cope with his work duties only within 4 days a week.
For this, the following actions are carried out by the employer:
- initially stipulates new conditions for cooperation with a direct employee;
- if there are no disagreements, an order is issued to establish a reduced working time;
- an additional agreement to the employment contract is being formed.
When drafting an agreement, new conditions of cooperation must be indicated.
How to transfer an employee to a new mode?
Legislation establishes reduced working hours for specific employees. Often a situation arises when the current employee draws up a certain disability group or starts work in dangerous conditions. In this case, the employer must transfer it to an abbreviated schedule. To do this, the following actions are performed:
- initially, the employee transfers to the head of the company documents confirming that he needs to be transferred to an abbreviated schedule, and they can be represented by different certificates or certificates;
- the head forms an additional agreement to the existing employment contract, which sets out all the nuances of cooperation on new conditions;
- an order is issued by the director of the company, which indicates that a particular hired specialist is being transferred to an abbreviated schedule;
- the necessary changes are made to the schedule of the company.
In such a situation it is not allowed to reduce the salary of a citizen, therefore, the payment of his labor remains at the same level.
Does the salary change?
An abbreviated schedule is applied in companies at the same time as standard working hours. Therefore, all employees of the company cope with their labor duties within the framework of their position. All of them are listed in the employment contract or labor instructions.
It is not allowed to reduce the salary of workers who are transferred to a reduced regime. It is not allowed to use various restrictions, deductions or other elements to reduce wages.
Is it possible to extend the shortened schedule?
In Art. 91 TC contains information that it is allowed to extend the employee’s schedule, if he works under the reduced regime, up to 40 hours a week, but for this some conditions must be met. These include:
- the company's direct employee agrees to such changes, and for this he must draw up written consent;
- in an individual or collective labor contract, the possibility of increasing the length of working time is fixed;
- There is an objective need to use this process, proved by official documents.
The addition of working hours should be carried out in an official way, for which an order is issued by the head, as well as amendments are made to the agreement to the employment contract. The addition of hours leads to processing, so it is paid at a higher rate.
What to do if the employer refuses to reduce working hours?
If the employee really has evidence that he can count on such exemptions, then he must write a statement to the employer in which he asks for a reduction in the working week. Various documents are attached to it, confirming the objective need for such a process.
If the employer refuses to shorten the work schedule for a specific employee without good reason, then a citizen can file a complaint with various state authorities. These include:
- labor inspection, which on the basis of such a statement will inspect the company, therefore if it is revealed that the labor rights of citizens are really violated, the company will be held accountable;
- the prosecutor’s office, which inspects companies that violate the law in various ways;
- the court can not only force the employer to transfer the employee to an abbreviated schedule, but even recover compensation for moral damage from him.
When compiling a complaint, it is important to leave links to certain articles of the Labor Code in the text. Documents are attached to the document, confirming that the citizen, by law, can count on such an indulgence as a shorter work schedule. But when handling complaints to various state authorities, one should prepare for a significant deterioration in the relationship between the employee and the head of the company.
Conclusion
Many people, based on their health status, age, or work characteristics, can count on reduced working hours. For this, the employer must correctly execute the transfer of the employee to this mode of work by issuing an order and amending the employment contract.
The salary of a person working on an abbreviated schedule should not differ from the salary of other employees working in a standard mode. If an employer refuses to transfer a hired specialist without objective reasons, this is the basis for drawing up a complaint to the labor inspectorate or other state institutions.