Sample application for establishing part-time work. Reduced working hours by law and on an individual basis

Problem

Good evening. I have this situation. I work five days a week, from 9 am to 6 pm. I work on the computer all day. The gynecologist issued a certificate for light work. It says that heavy physical labor, ionizing radiation, and standardized working hours should be excluded. All. Is this information correct? I would like to write an application to work, say, 5 hours a day. How can I write such a statement correctly? In this case, do you need a certificate for light work or is a certificate from the housing complex about pregnancy sufficient? I know that in this case the salary will be calculated in proportion to the hours worked, but I don’t know how to write all this clearly and clearly. Will this still be a transfer to another job/position? What documents are needed from the employer then? Let's say additional agreement, order, etc. Will this be noted in the labor report? Thanks for the answer!

Solution

Hello!

You may want to first decide what you want:

1. “Easy” work, that’s what we call it, according to the law it is:

- reduction in production rates;

— service standards;

- or transfer to another job that excludes the impact of unfavorable production factors, while maintaining the average earnings for the previous job.

But, a medical report from the housing complex is required.

And of course, “easy” work is formalized:

1. Additional agreement to the TD, because This, albeit temporary, is a change in certain conditions of the TD Article 72 of the Labor Code of the Russian Federation;

2. Order to transfer to “light” labor.

As for “easy work”, read here:

2 . Your right to apply for transfer to an incomplete work time Article 93 of the Labor Code of the Russian Federation. The employer has no right to refuse this.

What you can count on simply by presenting a certificate of pregnancy.

One minus- employee remuneration is made in proportion to the time worked or depending on the amount of work performed.

There are several options for establishing part-time work for women with children(clause 8 of the Regulations, approved by the resolution of the USSR State Committee for Labor of the Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 No. 111/8-51):

Shorten duration daily work(shifts) for a certain number of working hours on all days of the working week;

Reduce the number of working days per week while maintaining normal duration daily work (shift);

Reduce the duration of daily work (shift) by a certain number of working hours while simultaneously reducing the number of working days per week.

You submit your application in the following ways (your choice):

Through the secretariat, human resources (personnel) department of the organization, so that on the second copy you are given the incoming number and a mark from the official about the acceptance of this application;

By registered mail with by registered notice about delivery and inventory of the investment;

Via courier service;

From the post office (we are talking about the post office, the main post office) by fax or by email(if you have an official email address).

Who is entitled to reduced working hours, and how will such a working regime affect wages? How to correctly fill out an application for a reduction in working hours and what the employer should do if the initiator of the reduction working day- He? All these nuances are worth understanding.

Features of working hours

In labor law Russian Federation the definition of reduced working hours or part-time work as the norm is fixed working hours per week less than 40 hours, that is, less than the established norm.

Certain shortened working hours serve the purpose of protecting the labor protection of some employees.

Shortened working hours can be defined as follows:

1. At the employee's request.
2. According to an agreement between the employee and the boss (director).
3. Due to the presence of harmful working conditions.
4. At the initiative of the employer.

Each method has its own nuances. It is possible to reduce working hours daily during a full work week or add a day off weekly without changing the daily schedule. Such decisions are made in individually. However, the right to a lunch break must be preserved.

Regardless of the chosen work schedule, one employee should have no more than 40 working hours per week. Pre-holiday days are always reduced by an hour. Six days work week should always end with a day shortened to 5 hours.

Shorter working hours at the request of the employee

Reduced or part-time working hours can be established for some workers at their request or for an existing reason for this.

It is also possible to revise the established schedule for the following reasons:

• presence of a child under 14 years of age;
• presence of a disabled child before he/she comes of age;
• having a relative who requires constant care.

In both cases, certificates from a medical institution or a birth certificate are required. An example of an application to reduce working hours is as follows.

Reducing operating time always comes with mandatory, in this case, the period of work may be indicated according to such a schedule, or an application without established deadlines is possible.

Workers can declare a desire to work part-time or a week due to family circumstances (illness of the husband, death of someone close), the application is filled out in free form, the necessary certificates are attached.

Sample document.

In this case, the final decision on the need to reduce the working day is made by the boss, except in cases of dependent disabled people. At the same time, he also establishes how much the day needs to be shortened.

Harmful work is a reason to work less

According to the labor legislation of the Russian Federation, some categories of citizens can work less and, instead of 40 hours, work only 24 to 36 hours a week.

Such workers include those who work in hazardous or life-threatening work, for example:

• metallurgy;
• nuclear and chemical industry;

In addition, professions related to caring for people with mental disorders or incurable patients, for example, nurses in a mental hospital, require a reduction in working hours.

Fact! Teachers can work from 18 to 36 hours, and medical workers no more than 39 hours per week.

Harmful working conditions are assessed by a special commission, and production is assigned a degree of danger (from 1st to 4th). Both employees and the employer may be present during the assessment. In their absence, all employees are notified by written decision.

In addition to a reduced workday, a reduced retirement age is provided for those who are professionally involved in a life-threatening situation.

You can set a work schedule when you start working or at any other time. If the employer and employee come to a mutual agreement, any work schedule can be drawn up.

Reduction of time at the initiative of the employer

There is another way in which this happens – organizational change. That is, the initiator is the director of the company himself. He can change the working day based on, for example, the following reasons:

• crisis in the country;
• lack of orders for production of products;
• equipment replacement, repair.

This solution is possible in most cases for those working at any manufacturing enterprises. The decision is made not only by the employer; the opinion of the trade union, if there is one, is taken into account.

Changes are possible for no more than 6 months, and the situation of the employee should not worsen - vacation time should not change, benefits that were previously present are preserved.

Employees must be notified 2 months before the new work schedule is established; the notification is sent to each employee, and he signs that he has received it. All documents that in one way or another change working conditions must be provided in writing.

A sample notice and order could look like this.

First example.

Second example.

If a worker is not impressed by the new conditions, he is required to be offered vacancies. They must be at least at the level of the one in which he worked, and which correspond to his professional skills, if any. Otherwise, workers may refuse, that is, terminate the employment contract, and the employer must pay compensation in the amount of two weeks wages.

Within three days after decision taken about changes in duration work schedule it is necessary to notify Employment Centers and organizations maintaining statistics. If this condition is not met, an administrative fine will be imposed on the company or the employer himself.

For reference! A reduced workweek will affect wages, since the number of hours worked is taken into account.

Other Possible Causes

Article 93 of the Labor Code of the Russian Federation.

The Labor Code of the Russian Federation also provides for other, fixed part-time working hours in some situations. These decisions are established immediately upon hiring in the form of an additional clause in the employment contract or in the form of an addition to the employment contract.

People passing through must also work on a modified schedule. probation in the service, which must also be noted in the employment contract.

Shortened working hours are a right that certain categories of citizens have, as well as a way for an employer to avoid numerous layoffs. In both cases, changes to the schedule must occur and be recorded on the basis of legislation.

Information about others important points V Labor Code There is .

Organizing a part-time working schedule is quite a rare event; even HR specialists sometimes look for a sample application for a shortened working day. To act competently and avoid conflicts, it is worth turning to the law.

Working hours options

Articles 92 and 93 of the Labor Code of the Russian Federation provide for the possibility of organizing various options duration of working hours:

• normal;
• incomplete;
• abbreviated.

Each of the above types has own definition in legislation and clearly demarcated features.

Important! In everyday use, the meanings of terms are blurred, which leads to their incorrect interpretation.

Normal working day

Assumes equal employment for all employees of the enterprise holding positions with standard working conditions. The law establishes that the period of work cannot exceed 40 hours per week. In this case, the output schedule may correspond to the model established in the company. For example, 4 days of 10 hours, then 3 days off, or standard 5 days of 8 hours with two days off. It all depends on the specifics of the organization’s activities.

Shortened working period

It means employment below the standards established by law without a change in salary. This schedule assumes that in a shorter period of time spent performing job responsibilities, the employee will receive the same amount of money as employees with a forty-hour work week.

Reduced duration is provided for the following categories:

1. Teenagers 14-16 years old, employed during the holidays - 24 hours.
2. Minors 17-18 years old – 36 hours.
3. Personnel employed in an enterprise with hazardous conditions – 36 hours. This length of working time is regulated by law in accordance with the list of professions, workshops or industries.
4. Teachers, doctors, and other categories for whom the duration of work is regulated by the state and limited to 36 hours.
5. Disabled people of categories I and II employed in areas intended for the employment of this category of employees.

All of the listed cases of reduction of working hours do not imply a reduction in staff wages.

Important! When working hours are reduced, the enterprise's own funds can be used to create preferential conditions for women raising children under 14 years of age or the disabled.

For example, the collective agreement states that for women raising a disabled child, employment is 36 hours. However, her salary will be the same as that of employees holding a similar position and working 40 hours.

The legislation leaves the possibility for the parties to independently agree on the duration of the NRT:

• reducing the working day, for example 6 hours;
• reducing the number of working days per week, for example 4 days instead of 5;
• a combination of both options.

An employer can transfer an employee to NRT only with the latter’s consent. If the employee refuses the offer, the manager does not receive the right to transfer him to new mode labor or dismiss for disagreement with the changes.

Part-time work (NW)

It can be established immediately upon hiring an employee or subsequently due to changed circumstances. It guarantees the realization of the right to work for those citizens who, due to objective reasons, cannot work under standard conditions.

Fact! Payment for NRT is calculated in proportion to the time of work.

NVR is established by mutual consent of the employer and employee.

When the organization of production and labor changes at an enterprise, the manager receives the right to transfer personnel to NRT without consent, notifying employees at least two months before the changes. If the employee is not ready to change his work schedule, the employment agreement ends.

However, before making such a decision, the manager must coordinate it with the enterprise’s trade union. To do this, he must present facts of changes in the organization of production and labor, which became objective reasons for the transfer of the team or individual divisions to NRT.

Who can count on a reduction in labor time?

Distinctive features of shortened operating modes:

1. A shortened day is regulated by law, while the NRV is established in accordance with the agreement of the parties.
2. Short-time work is paid at the full rate, while labor time is paid in accordance with the number of hours worked.

In practice, the concept of part-time work is often replaced by a shortened one. In accordance with the law, count on less than a week The following categories may be available:

• pregnant women;
• mothers raising a disabled person or a child under 14 years of age;
• women caring for a sick relative who provided a medical report.

When the law provides for the possibility of employing a disabled person, the employer is obliged to meet halfway. The period of employment must be limited in accordance with the Labor Code and can be further reduced at the request of the latter.

Important! Benefits for mothers apply to any parent raising a child on their own, including during forced long-term absence. For example, during a stay in hospital treatment.

If the NRT is established at the time of signing employment contract, duration features work week, payments are specified in the agreement. When an employee expresses a desire to switch to NRT in the process of cooperation, his request must be formalized in the form of a statement and confirmed by an order from the manager.

Drawing up an application, samples and examples

The application must indicate the basis for the reorganization of the labor regime. Here are some typical examples of documents drawn up by employees.

Formulation for pregnant women.

Formulation for mothers of children under 3 years of age.

Must comply correct design caps, indicate the name and position of the addressee. At the end there must be a signature and the date of the application.

The manager forwards the signed application to the HR department to prepare the appropriate order. When the order comes into force, payments are recalculated in the accounting department, and changes are made to the employee’s personal card.