Theory of everything. Theory total 284 TK RF part-time schedule

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ST 284 Labor Code of the Russian Federation:

The duration of part-time work should not exceed four hours a day. On days when the employee is free from performing work duties at his main place of work, he can work part-time full time (shift). During one month (another accounting period), the duration of working time when working part-time should not exceed half of the monthly standard working time (standard working time for another accounting period) established for the corresponding category of employees.

The restrictions on the duration of working hours when working part-time, established by part one of this article, do not apply in cases where the employee has suspended work at his main place of work in accordance with part two of Article 142 of this Code or has been suspended from work in accordance with part two or four of Article 73 of this Code.

Commentary on Article 284 of the Labor Code of the Russian Federation:

This standard is of a law enforcement nature and is aimed primarily at protecting the health of the employee. This article establishes the duration of working hours for part-time work, which should not exceed four hours a day, and at the same time provides for the opportunity to perform part-time work full time when the employee is free from performing job duties at the main place of work. It should be borne in mind that the duration of working hours when working part-time cannot exceed half of the monthly working time norm.

Part 2 Art. 284 of the Labor Code provides for cases when time restrictions for part-time work do not apply. Firstly, this is on days when the employee at his main place of work is free from performing work duties. Secondly, when an employee is suspended from work and does not fulfill his job duties in accordance with a medical report during a temporary transfer or suspension from work while retaining his place of work (position) (part 2, 4 of article 73 of the Labor Code). Thirdly, the employee is given the right, due to non-payment of wages, to suspend work and be absent from the workplace during his working hours (Part 2 of Article 142 of the Labor Code). During the period of suspension of work, he also has the right to work part-time full time.

Limitations on working hours when working part-time are established for the corresponding category of employees. In this regard, it should be noted that the duration of working hours when working part-time for certain categories of workers may differ from that given in Part 1 of the commented article. For example, by Decree of the Government of the Russian Federation N 813 “On the duration of part-time work in healthcare organizations for medical workers living and working in rural areas and in urban settlements”<1>in accordance with Art. 350 of the Labor Code establishes the duration of part-time work in health care organizations for medical workers living and working in rural areas and urban settlements, no more than 8 hours a day and 39 hours a week.

At the same time, employees whose work is directly related to the movement of vehicles are generally not allowed to work part-time, directly related to driving vehicles or controlling the movement of vehicles (Part 1 of Article 329 of the Labor Code). This standard was established in order to protect the health of this category of workers, protect their labor and ensure safety in transport.

Art. 284 of the Labor Code of the Russian Federation stipulates the principles of labor organization for workers combining employment in several companies. It allows part-time workers to work in 2019:

half of an 8-hour working day;
full day (if at the main place of work he is completely relieved from performing labor functions).

The specified parameters of time intervals limit the maximum labor allowed for part-time workers. The legislation does not establish the minimum number of hours that a part-time worker can work every day. Taking this framework into account, the duration of “shared” work is negotiated by the employer with each employee separately, and then must be approved in a written employment agreement.

How to hire a part-time worker, see the material “How to properly arrange an external part-time job?” .

Labor legislation not only defines the boundaries of the duration of a part-time worker’s daily work, but also indicates that a certain monthly (or for another period) maximum working time should be observed.

Important! The total number of hours worked per month of “part-time” labor activity should not exceed 1/2 of the standard working time established for this category of workers or employees.

Find out how to correctly fill out a work time schedule in 2019.

When time restrictions under Art. 284 Labor Code of the Russian Federation?

The boundaries of working time, which are determined by the provisions of Part 1 of Art. 284 of the Labor Code of the Russian Federation, in some situations may be exceeded. The corresponding cases are given in Art. 73 and art. 142 Labor Code of the Russian Federation.

Thus, a “multi-machine operator” has the right to work without a time frame under Art. 284 of the Labor Code of the Russian Federation, if his work is suspended for various reasons at his main place of work:

in accordance with the right granted to him by the provisions of Part 2 of Art. 73 of the Labor Code of the Russian Federation (if the employee refuses to move to another place based on a medical certificate);
according to Part 4 of Art. 73 of the Labor Code of the Russian Federation (in circumstances when directors of companies, their deputies and chief accountants who need to change jobs for medical reasons are suspended from work);
based on the provisions of Art. 142 of the Labor Code of the Russian Federation (in circumstances where payment for labor is delayed by 15 days or more).

What does labor legislation provide for part-time workers, except for the time restrictions under Art. 284 Labor Code of the Russian Federation?

All information in this area is concentrated in Chapter 44 of the Labor Code of the Russian Federation. Some of its articles contain regulatory standards for the labor of workers combining several jobs. This chapter, for example, provides for the following “combined” nuances:

Article 285 of the Labor Code of the Russian Federation states that the salary of such workers should depend in direct proportion on the time worked at a given enterprise. In addition, it is also indicated here that in this case it is necessary to take into account regional premiums and regional coefficients;
Article 287 of the Labor Code of the Russian Federation stipulates the employer’s obligation to provide guarantees and compensation determined by the internal documents of the organization (with the exception of “northern allowances” and cases when work is combined with study).

The guaranteed compensation payments given in these articles, as well as the restrictions, apply equally to all types of part-time workers - both external and internal.

Results

Art. 284 of the Labor Code of the Russian Federation allows a person to work part-time, but limits the time of such work to four hours. If, at the main place of work, the employee is released from obligations, Art. 284 of the Labor Code of the Russian Federation allows for part-time work full time.

Article 282. General provisions on part-time work

Part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job.

Concluding employment contracts for part-time work is permitted with an unlimited number of employers, unless otherwise provided by federal law.

Part-time work can be performed by an employee both at the place of his main job and with other employers.

The employment contract must indicate that the job is a part-time job.

Part-time work for persons under the age of eighteen is not allowed, in jobs with harmful and (or) dangerous working conditions, if the main job is related to the same conditions, as well as in other cases provided for by this Code and other federal laws.

Features of the regulation of part-time work for certain categories of workers (teaching, medical and pharmaceutical workers, cultural workers), in addition to the features established by this Code and other federal laws, can be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for Social Regulation - labor relations.

Article 283. Documents presented when applying for part-time work

When applying for a part-time job with another employer, the employee is required to present a passport or other identification document. When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a document on education and (or) qualifications or a duly certified copy thereof, and when hiring a job with harmful and (or) dangerous working conditions - a certificate of the nature and working conditions at the main place of work.

Article 284. Duration of working hours when working part-time

The duration of working hours when working part-time should not exceed four hours a day. On days when the employee is free from performing work duties at his main place of work, he can work part-time full time (shift). During one month (another accounting period), the duration of working time when working part-time should not exceed half of the monthly standard working time (standard working time for another accounting period) established for the corresponding category of employees.

Article 285. Remuneration for persons working part-time

Remuneration for persons working part-time is made in proportion to the time worked, depending on output or on other conditions determined by the employment contract.

When setting standard assignments for persons working part-time with time-based wages, wages are paid based on the final results for the amount of work actually completed.

Persons working part-time in areas where regional coefficients and wage allowances have been established are paid taking into account these coefficients and allowances.

Article 286. Leave when working part-time

Persons working part-time are granted annual paid leave simultaneously with leave for their main job. If an employee has not worked for six months at a part-time job, then leave is granted in advance.

If in a part-time job the duration of the employee’s annual paid leave is less than the duration of leave at the main place of work, then the employer, at the request of the employee, provides him with leave without pay for the corresponding duration.

Article 287. Guarantees and compensations for persons working part-time

Guarantees and compensations for persons combining work with education, as well as persons working in the Far North and equivalent areas, are provided to employees only at their main place of work.

Other guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time in full.

Article 288. Additional grounds for termination of an employment contract with persons working part-time

In addition to the grounds provided for by this Code and other federal laws, an employment contract concluded for an indefinite period with a person working part-time may be terminated if an employee is hired for whom this work will be the main one, about which the employer warns in writing the specified person at least two weeks before the termination of the employment contract.

Commentary on Article 284 of the Labor Code of the Russian Federation

1. One of the conditions of a part-time employment contract is the establishment of working hours.

The commented article identified 2 restrictions for the parties to an employment contract regarding working hours:

1) duration of working hours for 1 month. should not be more than half the monthly working time;

2) the duration of the working day should not be more than 4 hours.

2. The employer, even at the request of a part-time employee, does not have the right to increase the length of the working day or working week established for a part-time employee. For example, it is impossible to establish the following working hours for a part-time worker: 2 days of 8 hours and 1 day of 4 hours, although in this case the weekly standard of working time established by the commented article is observed - 20 hours per week.

3. In the Sheet for recording the use of working time and calculating wages (N T-12), in the Sheet for accounting for the use of working time (N T-13) the time worked by a part-time worker is entered, but not more than 4 hours. The form of the sheet is given in the Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for accounting of labor and its payment.”

4. The limitation on the duration of a part-time worker’s working hours during a month must be abolished, since it contradicts the permission to work full time if the employee is free at his main place of work on that day.

ST 284 Labor Code of the Russian Federation.

The duration of working hours when working part-time should not exceed
four hours a day. On days when the employee is free from work at his main place of work
job responsibilities, he can work part-time full time (shift). IN
within one month (another accounting period) duration of working hours when working
part-time work should not exceed half the monthly working time norm (norm
working hours for another accounting period) established for the corresponding category
workers.

Limitations on working hours when working part-time,
established by part one of this article do not apply in cases where, according to the main
place of work, the employee suspended work in accordance with part two of Article 142 of this
Code or suspended from work in accordance with part two or four of Article 73 of this
Code.

Commentary to Art. 284 Labor Code of the Russian Federation

1. The Labor Code reduces the standard working time of a part-time worker by half compared to the generally accepted standard, establishing two restrictions - in relation to daily work and the monthly standard of working time. The daily maximum working time cannot exceed 4 hours; accordingly, with a five-day working week, the weekly duration will be 20 hours. with a standard working time of 40 hours per week. When recording working hours in total, its duration for a part-time worker should not exceed half of the monthly norm (working time norm for another accounting period - quarter, year) subject to the requirement for the maximum duration of daily work.

2. A full work shift (without limitation to a four-hour working day) can be established for part-time workers on their days off at the place of their main job, during unpaid leave (), parental leave () and in other cases when at their main place work, the employee is free from performing job duties (except for annual paid leave, since it must be provided to part-time workers simultaneously with leave for the main job ()). At the same time, the monthly standard of working time for a part-time worker should not exceed half of the standard established for the corresponding category of workers.

A part-time worker can work full-time in the following cases:

a) the employee suspended work at his main place of work due to a delay in payment of wages for a period of more than 15 days (see);

b) an employee at his main place of work is suspended from work due to refusal to transfer in accordance with a medical report or the employer does not have the appropriate job (see).

3. Special rules are established for teaching, medical, pharmaceutical and cultural workers. The duration of part-time work for the specified categories of employees during a month is established by agreement between the employee and the employer, and for each employment contract it cannot exceed:

for medical and pharmaceutical workers - half the monthly standard working time, calculated from the established length of the working week;

for medical and pharmaceutical workers whose half of the monthly working time for their main job is less than 16 hours. per week - 16 hours. work per week;

for doctors and paramedical personnel in cities, districts and other municipalities where there is a shortage - the monthly standard of working time, calculated from the established length of the working week. At the same time, the duration of part-time work for specific positions in institutions and other organizations of federal subordination is established in the manner determined by federal executive authorities, and in institutions and other organizations under the jurisdiction of constituent entities of the Russian Federation or local governments - in the manner determined by state bodies authorities of constituent entities of the Russian Federation or local governments;

for junior medical and pharmaceutical personnel - the monthly standard of working time, calculated from the established duration of the working week;

for teaching staff (including trainers-teachers, trainers) - half of the monthly standard working time, calculated from the established length of the working week;

for teaching staff (including trainers, teachers, trainers) whose half of the monthly working time for their main job is less than 16 hours. per week - 16 hours. work per week;

for cultural workers engaged as pedagogical workers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors - the monthly standard of working time, calculated from the established duration of the working week (subparagraph "b" of paragraph 1 of the Resolution of the Ministry of Labor and Social Development of the Russian Federation dated June 30, 2003 N 41).

In addition, a special rule is provided for medical workers of healthcare organizations living and working in rural areas and urban settlements. For them, the maximum duration of part-time work has been increased to 8 hours. daily until 39:00 per week (Resolution of the Government of the Russian Federation of November 12, 2002 N 813 “On the duration of part-time work in healthcare organizations for medical workers living and working in rural areas and in urban settlements”).