By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as a person carrying out caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.
Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.
Commentary on Article 93 of the Labor Code of the Russian Federation
1. Part-time working time is working time determined by agreement between the employee and the employer, the duration of which is less than the normal or reduced working time established by the employer.
2. Part-time working time can act as a part-time working week or as a part-time working day (shift). With a part-time working day (shift), the duration of daily work is reduced, but the working week remains five or six days. A part-time work week is a reduction in the number of working days while maintaining the established duration of the work shift. It is possible to simultaneously reduce the working day (shift) and the working week. Moreover, working hours can be reduced by any number of hours or working days without restrictions. Part-time or part-time work can be established both upon hiring and subsequently.
3. Part 1 of the commented article defines the circle of persons whose requirement to establish part-time work is mandatory for the employer. The employer is also obliged to satisfy the disabled person’s request for part-time work if the disabled person’s individual program recommends a shorter working time than established by law (Article 224 of the Labor Code).
Other employees require the consent of the employer to establish part-time work.
4. The initiator of establishing part-time work is the employee. In cases established by law, part-time work may be introduced at the initiative of the employer. For the procedure for introducing part-time work at the initiative of the employer, see Art. 74 TC and commentary to it.
