How much part-time work must be required to receive child care benefits?

Family Law > Benefits/Payments/Benefits > Part-time work for women with children under 14 years of age

The Labor Code provides for shortened working hours for women with children under 14 years of age, if necessary.

Russian legislation protects women's labor rights if they need to leave work early and provide any assistance to a child.

If the employer refuses to provide such a right to a woman, not only her rights will be violated, but also the rights of her child.

To be able to use your rights, you need to clearly know them. Only then will a person be able to take full advantage of them.

Legislation

Part-time work in Russia is understood as a form of human employment when the total working day is set less than what the employee must work by law.

This form can be set:

when hiring an employee;
subsequently during the work process.

This form of employment is regulated by the Labor Code in Article 93. However, there is no complete explanation of this concept.

But it can be found in the International Labor Convention. And it says that this working time is less in duration than the established standard working day.

The Labor Code provides for the organization of work in the following modes:

Reducing the length of a work shift or day by a certain number of hours.
Reducing the number of working days in a week, but with a standard number of working hours per working day.
Reducing the number of working hours per day and days per week.

It is important not to confuse a shortened day with an incomplete one. A shortened day is considered when a particular employee is legally entitled to work full time, but due to certain circumstances cannot do so.

And part-time work is established for those categories of citizens who, due to their age, health or harmfulness of the work itself, according to the law, should not work more than the established amount of time.

That is, a reduced number of working hours per day is the norm for them.

Who is eligible?

According to Article 93 of the Labor Code of the Russian Federation, the following categories of citizens have the right to demand a shortened day:

parents of children under 14 years of age;
persons caring for a sick relative;
pregnant women.

All circumstances must be documented. To draw up such a schedule, simply write a statement to your manager and indicate the reason in it.

Not only the woman, but also the father of the child, as well as guardians, can be considered as a parent.

Definition of shortened working hours

Various types of working time are regulated by the following articles of the labor code:

standard schedule, eight-hour shift - st. 91 Labor Code of the Russian Federation;
reduced working hours - art. 92 Labor Code of the Russian Federation;
part-time - Art. 93 Labor Code of the Russian Federation;
shortened work shift on pre-holiday days - art. 95 Labor Code of the Russian Federation;
overtime hours - art. 97 Labor Code of the Russian Federation.

It is important to understand the differences between part-time and short-time work, which is only available to certain categories of employees. Based on Art. 93 of the Labor Code of the Russian Federation, by agreement of both parties to the employment contract, the working day can be shortened. The code also provides several options for organizing work activities in a reduced time mode:

Reducing working hours every day of the week.
Reducing the number of working days, while maintaining the same duration of the work shift.
Reducing the number of hours for carrying out job duties by a certain percentage (which percentage is determined by the employer), as well as reducing the number of working days per week.

This is important to know: Filling out a work book upon dismissal: sample 2021

Reduced amount of working time based on Art. 92 of the Labor Code of the Russian Federation is the norm for certain groups of citizens.

Registration procedure

To apply for part-time work for women with children under 14 years of age, you must complete the application correctly.

The procedure will be as follows:

It can be drawn up on a regular blank sheet of paper, or on the organization’s standard letterhead. The woman should check with her workplace about the availability of such a form in the accounting department or human resources department.
All applications are always made to the head of the enterprise. Therefore, in the header of the application you must indicate the name of the legal entity to whose head this document is being sent.
Next, you need to enter the name of the manager himself.
Below is the position and full name of the employee submitting this application.
In the middle of the document its name is written.
Next, the text is written stating that the applicant requests to provide part-time work in the amount of a certain number of hours from a certain date for a certain or indefinite period. The reason must also be indicated, due to the fact that the employee has a child under 14 years of age.
It is important to write that the baby’s birth certificate is attached and, in fact, attach a copy of the document.
Below is the date and signature of the employee.

Further, based on the received application, the manager is obliged to approve it. After this, the personnel officer writes an order assigning part-time work to this employee.

This order must specify the employee’s new schedule:

number of working days in a week;
the number of hours by which the working day is reduced;
length of the working week in hours;
working day schedule with all breaks.

It is important to know that the law on part-time work for women who have a child under 14 years of age does not give the right to demand payment for a full day of work if she works on a reduced schedule.

Wages are calculated in proportion to hours worked. Therefore, here a woman must choose what is more important to her, extra time spent with the child or a full day’s salary.

Change of employment contract

All changes in the work schedule must be recorded in the employment contract itself between the employer and employee.

If, upon employment, an employee being hired immediately tells the employer that he needs a shortened day, then this is stated in the main contract.

If such a need arose later, then the employment contract does not need to be rewritten, it is enough to just sign an additional agreement to it.

It will regulate the employee’s work procedure and the calculation of his wages according to the established shortened day.

This agreement is also signed in two copies. One of them is kept by the employer, and the other by the employee.

The validity of such an additional agreement can be established for a certain time, or for an unlimited period, as long as the employee has the right to do so.

Nuances

It is important to know that a transfer to a shortened day can be carried out not only at the initiative of the employee himself, who has the right to do so by law. The employer himself can also become the initiator.

In this case, it will not matter whether the employee has official reasons for switching to a shortened day or not. This practice is often used by organizations to avoid staff reductions but save on labor costs.

In this case, an order must be issued and all employees must be familiarized with it 2 months before they are transferred to a shortened day.

Maternity leave

A woman has the right to stay in it until the child turns 3 years old . In this case, the employer will be obliged to pay her monthly 40% of her average monthly income for the last 2 years until the child reaches one and a half years old.

The law establishes that, if she wishes, she has the opportunity to work part-time while retaining her right to receive this benefit.

However, the number of hours by which she can reduce her working day is not regulated by law.

It turns out that a woman can reduce her working day by only 1 hour and receive additional benefits. Or it may only work for half a day or just a few hours.

In addition, a woman’s working time will also include the periods necessary to feed the child. To do this, she must write in the application how many times a day and for how long she will have to leave her workplace.

She will also be entitled to breaks for rest and food, like a regular employee.

All hours that a woman works in excess of the norm must be paid overtime.

In addition, she retains the right to a shortened pre-holiday working day, like all other employees.

Controversial situations

Most often, controversial situations arise when the employer does not agree

reduce working hours for those who have the right to do so. Naturally, this is almost always illegal. Taking this into account, employers have begun to act “one step ahead” and purposefully do not recruit young women or those who have small children for responsible positions.

This is also illegal, but it will be very difficult to prove that the refusal to hire is related specifically to the presence of children.

With a shortened working day, everything is more clearly regulated - there is a specific working time for each individual category of workers.

Work beyond this time must be paid as overtime. A controversial situation will arise if piecework wages

. When calculating wages, it is necessary to take into account production standards and the amount of piecework wages.

The same applies to part-time work, if the employee has to work longer than the scheduled hours.

Part-time working hours are documented in an employment contract (if the employee is initially accepted under such conditions), or introduced by order and additional agreement

. This agreement must indicate the period for which part-time work is introduced, as well as the principles for calculating remuneration.

The fact that the Labor Code does not stipulate the parameters of part-time work causes problems for those on parental leave.

Child care allowance

(up to 1.5 years of age) can be received if the parent does not work or works part-time. If you reduce the working day slightly (by half an hour), the Social Insurance Fund will not reimburse the benefits paid. But the Social Insurance Fund has a very contradictory practice, when the same reduction in working hours in different regions is assessed differently.

Therefore, it is better for a parent receiving child care benefits to set a schedule that allows him time to care for the child.

Comments to this article are answered by a qualified lawyer, as well as the author of the article himself.

Violation of women's rights

A woman who has a child under 14 years of age is required to request a shortened working day in writing in the form of an application. If the employer ignores her right, she must contact the Labor Inspectorate or the Prosecutor's Office.

These government bodies were created with the aim of protecting the violated rights of citizens and monitoring the implementation of the norms and requirements of the law by citizens and legal entities.

To file a complaint, a woman will also have to fill out an application indicating the government agency to which she is sending it. The statement must state in detail the essence of the rights violated, and also indicate the date when the statement was written.

These employees will be required to conduct an inspection within 30 days and provide a written response based on its results.

If a violation is detected in 2021, the employer is subject to the following types of liability:

for an individual entrepreneur, the fine will range from 1,000 to 5,000 rubles;
for an organization from 30,000 to 50,000 rubles;
for an official from 1000 to 5000 rubles.

In case of repeated violation, these fines may be increased and the official may be disqualified..

During the inspection, inspection staff may identify other violations. Therefore, employers usually do not like to contact such employees.

If the manager does not want to provide a shortened day, the employee may only need to mention that he will complain to the Labor Inspectorate, and his request will be immediately satisfied. Therefore, it is important to know your rights and be able to defend them.

to the article “Part-time work for women with children under 14 years old”

V
Natalya writes:
And if I write such a statement and they ask me to resign, what should I do?
Answer
V
Anonymous writes:
Hello, when I was applying for a job there was the opportunity to work on a flexible schedule, now my child goes to kindergarten and I can’t work in the evening because I need to pick up the child at 17:00. The employer does not agree to a schedule from 8 to 17, tell me what to do?
Answer
V
Nicholas writes:
Father can leave work an hour early on Friday with 2 dependent children
Answer
V
Dilyara writes:
How can I legally reduce the working day of a mother who is raising a child alone, in connection with his going to school, and what kind of financial assistance can I get?!
Answer

Who is entitled to a shortened day according to the Labor Code of the Russian Federation?

Not every employee has the right to apply for work on a short-time basis. In some cases, management makes decisions based on production capabilities.

At the same time, categories of working citizens are identified who cannot be denied this request.

The standard working week is 40 hours, with 8 working hours per day.

These indicators must necessarily be reduced for certain categories of specialists working on an official basis. Among these it is necessary to highlight:

minor working citizens whose age ranges from 16 to 18 years, as well as working teenagers under the age of 16. In this case, a shortened schedule is necessary to eliminate the likelihood of overwork and the impact of significant stress on the young body;
workers working in hazardous production. Prolonged work in such conditions is fraught with the development of occupational diseases;
teaching staff. The need to establish a specific work schedule is associated with high nervous tension and intellectual stress;
female representatives engaged in agricultural work;
disabled people of the 1st and 2nd groups. Justification of necessity – medical indications;
employees who work in regions with special climatic conditions similar to those in the north.

The right of the listed categories of working citizens to work on a short-time basis is regulated by current legislation.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

Company management does not have the right to force such employees to work on a regular schedule. Refusal to establish a reduced working schedule is a violation of the norms of the Labor Code of the Russian Federation.

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Duration according to the Labor Code

It was already mentioned earlier that the standard length of the working week is considered to be a period of 40 hours. This mark is also the maximum.

It can only be exceeded if an irregular schedule is established for workers or if they are required to work overtime.

With a shortened working day, it is assumed that the number of hours worked daily by the employee is less than the specified norm.

A more precise figure is determined depending on the category of employee:

Employed minors under the age of 16 must not work more than 24 hours a week.
Employed minors over the age of 16 must not work more than 36 hours a week.
Employed persons with a disability of 1 or 2 groups should not work more than 36 hours a week.
Workers working in hazardous or hazardous conditions must not work for more than 36 hours.
Pedagogical specialists must work no more than 36 hours per week.
Employees whose work is related to agriculture should not work more than 36 hours a week. A similar rule is established in relation to female workers working in remote northern regions.

Labor legislation provides for a reduced work schedule for medical specialists.

The maximum duration of their working hours depends on the characteristics of their work activity.

For example, employees employed in psychiatric institutions, as well as persons interacting with HIV-infected patients, should not work more than 36 hours per week.

Special conditions are also imposed for minors.

If a teenager studies and works at the same time, the duration of his weekly work activity should not exceed 17.5 hours.