How to formalize a reduction in working day (week) due to coronavirus + sample order

Reduced working hours and part-time working hours - what are the differences?

The differences between these concepts are given in Art. 92 and Art. 93 Labor Code of the Russian Federation.

Shortened working hours are established for employees by force of law (Article 92 of the Labor Code of the Russian Federation): disabled people, employees working in difficult working conditions, children under 18 years old, etc. we will consider the full list in the article below).

Part-time working hours are established by agreement between the employee and the employer. In this case, any party can act as an initiator (Article 93 of the Labor Code of the Russian Federation).

Is it possible to shorten the working week at the initiative of the employer?

Yes. In the event of a change in technological or organizational working conditions, the employer unilaterally has the right to make changes to the employment contract with the employee (Article 74 of the Labor Code of the Russian Federation). At the same time, he is obliged to warn the employee about upcoming changes 2 months before the planned introduction of the new regime.

If the employee does not agree with the proposed changes in work, the employer has the right to terminate the contract with him after 2 months, paying all due compensation. If the employee agrees to the changes, the following procedure must be followed.

Step 1

2 months before the start of the introduction of the new regime, notify the employee of the upcoming changes. This can be done either orally or in writing.

Step 2

Draw up an additional agreement to the employment contract, which states how the employee’s work schedule will change and how his work will be paid (we’ll talk about this in the next section).

The wording may be as follows: “...By agreement between the parties, the employee is established on a part-time working schedule:

• working hours - 32 hours per week;
• four-day work week with 3 days off - Saturday, Sunday and Monday;
• Duration of daily work - 8 hours;
• start time - 8:30, end time - 17:30;
• the break for rest and food is 1 hour from 12.30 to 13.30;
• The period of part-time work is set for the period from January 1, 2021 to March 1, 2020.”

This working mode can be established either without a time limit or for any period agreed upon between the employee and the employer (Article 93 of the Labor Code of the Russian Federation).

If there is a threat of mass layoffs (Part 5 of Article 74 of the Labor Code of the Russian Federation), then part-time work can be introduced as a temporary measure for a period of no more than 6 months.

Step 3

Issue an order to transfer the employee to part-time work:

Normal working week length

The law determines the basic standards of working conditions for a working person.
These include: the duration of the minimum paid leave, the length of the probationary period, the minimum wage and, of course, working hours. Working time is the period during which an employee performs his or her 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 work day with a workload of 5 days a week. Along with this, workers in creative professions, for example, film production employees, theater workers, perform their job functions according to an individual daily schedule, agreed upon in the internal documents of the enterprise.

Find out more about working hours.

How to pay for part-time work

A part-time working week is paid in proportion to the time worked (Part 3 of Article 93 of the Labor Code of the Russian Federation).
At the end of the month, it is necessary to calculate the cost of one hour of work in accordance with the monthly standard of hours and calculate the total amount of wages (salary) based on the number of hours worked. Example

The employee has a 36-hour work week. There are 176 working hours in a month. He worked 144 hours. The employee's salary is 30 thousand rubles.

The payment calculation will be as follows: 30 thousand rubles. / 176 × 144 = 24,545.45 rubles.

A reduction in working hours is not a basis for reducing the salary established for an employee upon hiring. Pay your salary within the time limits established by law.

Part time

The time spent at work is regulated by various articles of the Labor Code of the Russian Federation. In particular, the following employment schedules are distinguished:

1. Typical: 5/2.
2. On a shortened day: Art. 92 Labor Code of the Russian Federation.
3. Day of part-time work: Art. 93 Labor Code of the Russian Federation.
4. A short day on the eve of the holidays: Art. 95 Labor Code of the Russian Federation.
5. Work performed overtime: Art. 97 Labor Code of the Russian Federation.

It is necessary to distinguish between the concepts of part-time and reduced regime. The latter is strictly required for specific citizens. The first mode is revealed in Art. 93 Labor Code of the Russian Federation. If the boss and subordinate agree among themselves, working hours can be cut.

PLEASE NOTE: for part-time work, payment is always made based on actual time worked. If shortened, there are other options. If incomplete, the regime is established by agreement between the parties, at the request of one of them, voluntarily. With a reduced regime, the regime is mandatory, but in relation to categories of citizens from the list of the Labor Code of the Russian Federation.

The Labor Code of the Russian Federation offers several ways for a person to work in a reduced time mode:

1. Minus hours in every day.
2. Reducing the number of days of work while maintaining the length of the work shift.
3. A reduction in hours for job duties by a percentage determined by the employer.
4. Decrease during the week of working days.

These options are not statewide.

PLEASE NOTE: A shortened work week is when a person spends less than 40 hours per week on a profession.

Is it possible to establish a part-time working week during non-working days due to coronavirus?

Reduce working hours in accordance with Art. 92 of the Labor Code of the Russian Federation is possible only for certain categories of workers. But establishing part-time working hours by agreeing with employees is quite acceptable. The basis for establishing such a regime is the decrees of the President of the Russian Federation on non-working days due to the spread of coronavirus.

If part-time work is established due to coronavirus, it is also necessary to conclude additional agreements with employees to employment contracts and draw up an order on part-time working hours. In the preamble to the order, refer to the Presidential Decree and/or the requirements of Rospotrebnadzor.

Since each region independently determines the date of resumption of work after quarantine, the end of the period of part-time work both in the order and in the additional agreement can be indicated by the wording “... until the introduction of the regime of daily activities.” This approach will allow you not to re-issue all the documentation.

How to transfer to part-time work according to the Labor Code of the Russian Federation?

Shortening a week or day must be properly documented.

Step 1. Prepare notices for employees about reduced work hours.

It is best to provide notifications in writing addressed to each employee. In it, the manager offers the employee the best option for part-time work, which will minimize the risk of contracting coronavirus, not ruin the employer’s company and preserve at least part of people’s income.

The text indicates the duration of the translation in part-time mode.

Currently, the President of the Russian Federation V.V. Putin determined the duration of non-working time - until April 30, 2021. However, it is possible that this period will be extended. In order not to redo all the documents again later, it is more logical not to indicate the end date of the shortened work schedule, but to indicate the phrase “until the epidemiological situation in the country normalizes.”

Notifications are handed out for review.

Step 2. Collecting consent from workers to reduce the hours.

In response to the notification received, the employee must write a consent to be transferred to a shortened day or week. You can draw up a single sheet where each employee signs as a sign of agreement with the new working conditions.

If the employee himself initiates a reduction in the work schedule, then a statement is required from him.

You can skip the first two steps, discuss all agreements verbally and record them in additional agreements. The mutual signing of an additional agreement already means the consent of both parties to new working conditions.

Step 3. Preparation of additional agreements to employment contracts on new working conditions.

The additional agreement must indicate only those conditions that change in the employment contract:

• new work schedule - number of working hours in a day, working days in a week;
• the procedure for remuneration is proportional to the time worked;
• start date of the reduced work schedule;
• its expiration date;
• other additional conditions.

Each employee must sign an agreement to the employment contract, thereby agreeing to the new work schedule.

Sample additional agreement:

Step 4. Drawing up an order to introduce shortened working hours.

This document is required to be drawn up; on its basis, a new work schedule is established at the enterprise, and responsible persons are appointed for the implementation of these actions.

Each employee must be familiarized with the order against signature; for this, an introductory sheet for collecting signatures is attached to it.

order, additional agreement on transfer

• An example of an order introducing shortened working hours due to coronavirus is.
• Sample additional agreement on part-time work due to coronavirus - .

Other work options during the COVID-19 epidemic

In addition to introducing part-time work, the employer can also use the following options for organizing work:

• transfer to remote work;
• introduction of temporary downtime;
• registration of paid leave;
• taking vacations at your own expense (strictly with the employee’s consent);
• sending workers with chronic diseases and people over 65 years of age to sick leave.

If a company continues to operate during the coronavirus epidemic, then it is imperative to introduce preventive measures and remove from work those employees who have a fever or signs of ARVI, for whom a two-week quarantine is prescribed.

Is it possible to transfer an employee to part-time due to coronavirus?

The spread of COVID-19 cannot in itself be the reason for a transfer to 0.5 rates at the initiative of the employer. As mentioned above, it is possible to unilaterally introduce part-time work for an employee if the company has changes in organizational or technological working conditions that have made it impossible to maintain the previous work schedule (Article 74 of the Labor Code of the Russian Federation).

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Which categories of employees have the right to demand a reduction in working hours?

The employer is obliged to establish part-time working hours after receiving an application from the following employees (Article 93 of the Labor Code of the Russian Federation, 256 of the Labor Code of the Russian Federation):

• pregnant employees;
• women, other relatives or guardians on parental leave;
• parent of a child under 14 years of age or a disabled child under 18 years of age;
• persons raising children under 14 years of age without a mother or a disabled child under 18 years of age;
• workers caring for sick family members in accordance with a medical report.

Part-time working hours for these categories of employees are established for a period convenient for them, in accordance with their wishes and taking into account the working conditions of each specific employer. However, such a period should not exceed the period of existence of circumstances that are the basis for the mandatory establishment of part-time work.

How to formalize the transition to a shortened work week

Who should set reduced working hours?

Payment to employees during a shortened work week by force of law

Payment to such categories of employees differs from the payment procedure for employees whose working week has been reduced by agreement with the employer. If an employee’s working hours are reduced by force of law, then pay wages as for full working hours: the establishment of shortened working hours does not entail a reduction in wages.

An exception is workers under 18 years of age. As a rule, they are paid wages for the time actually worked or depending on output. However, it is important to check industry agreements as they may include an obligation to make additional payments up to full salary. For example, full payment is provided for minor employees of housing and communal services organizations (clause 6.8.4 of the Industry Tariff Agreement in Housing and Communal Services, approved by the All-Russian Industry Association of Employers on December 8, 2016).

How is salary calculated during a shortened work week?

The amount of an employee’s remuneration depends on the basis on which he exercises his right to a reduced or part-time working week. For those working on a shortened working week, the established working hours are the full norm. Accordingly, the salary is retained in full. The exception is minors - their salary is proportional to the time worked (Article 271 of the Labor Code). Persons combining work with training are paid 50% of the average earnings during the period of release from work, but not less than the minimum wage.

In case of part-time work, remuneration is made in proportion to the time worked or depending on the volume of output. For such workers, the minimum wage is adjusted according to the number of hours worked using the following formula: the size of the regional minimum wage is divided by the number of standard hours, the result is multiplied by the time worked.

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What risks might there be?

If you do not reduce the working week for employees who are required to do so by law, you face liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation:

• from 1 to 5 thousand rubles. — officials or individual entrepreneurs;
• from 30 to 50 thousand rubles. - legal entities.

If reduced working hours are not established for women working in the Far North or in rural areas, they will have to pay for overtime work as overtime - at double the rate (clause 13 of the Resolution of the Plenum of the Supreme Court of January 28, 2014 No. 1).

If the conditions for reduced or part-time working hours are not specified or incorrectly reflected in the employment contract, the State Labor Inspectorate may bring administrative liability under clauses 4 and 5 of Art. 5.27 Code of Administrative Offenses:

• from 10 to 20 thousand rubles. — officials or individual entrepreneurs;
• from 50 to 100 thousand rubles. - legal entity.

Let's sum it up

• Establishing a part-time work week at the initiative of the employer is allowed only if a change in organizational or technological working conditions could lead to mass layoffs of workers.
• A reduction in working hours due to the coronavirus pandemic can be done by agreement of the parties. This solution involves reducing the cost of wages to employees, since in this case the salary is calculated in proportion to the time worked. However, this does not apply to those employees who are required to have their working hours reduced by law.

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