The employer is obliged to establish a part-time or. Part-time and reduced work

incomplete working time- this is the time established by agreement between the employee and the employer, of a shorter duration than the normal or reduced working hours for this employer(Article 93 of the Labor Code of the Russian Federation). It is determined in the form of part-time work (in this case, the daily work time is reduced, but the number of working days per week remains the same - 5 or 6) or in the form of part-time work (when the length of the work shift does not change, but the number of working days per week decreases ). A combined option is also possible, when both the number of working hours per day and the number of working days per week are reduced.

Wherein Labor Code does not establish the minimum and maximum number of hours (days) by which the “main” working time must be reduced. This issue is decided jointly by the employee and the employer. We also note that part-time work or part-time work week can be established both when an employee is hired, and later. And if an employee works part-time, then his work is paid in proportion to the time worked by him or depending on the amount of work performed.

Whom the employer is obliged to transfer to part-time work

Part-time work may be established at the initiative of the employee. Moreover, certain categories of workers are named in the Labor Code of the Russian Federation, to whom the employer does not have the right to refuse if one of them requests to switch to part-time work.

Part-time work week or part-time work at the initiative of the employee is mandatory (Article 93 of the Labor Code of the Russian Federation):

pregnant women;
one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18);
persons providing care for a sick family member with an appropriate medical certificate.

At the same time, part-time work is set for a period convenient for the employee, but so far there are circumstances that do not allow him to work full time.

Other employees may be transferred to part-time work only if the employer does not object to this.

Part-time work at the initiative of the employer

Employees can also be transferred to a part-time working week (part-time work) at the initiative of the employer. But only if the organizational or technological working conditions have changed at the enterprise, and this may lead to mass layoffs of workers. Then, in order to save jobs, the employer can introduce a part-time regime for up to 6 months, taking into account the opinion of the trade union organization, if there is one in the organization (

The current economic situation has forced many organizations to reconsider the way they work. One way to overcome the difficulties associated with a decrease in production volumes was the transition to part-time work. That's what we'll talk about.

Deciding on terms

Part-time work is a form of employment in which the duration of the employee's working hours is less than that established by law. By agreement between the applicant and the employer when applying for a job, and also subsequently, a reduced day can be established (Article 93 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not provide a definition of the concept of "part-time work". Here is the Convention international organization on labor (24.06.1994) No. 175 defines this term as working time, whose duration is less than normal duration working day. It should be noted that the mentioned document has not been ratified by Russia. But commitments were made to consider its provisions for approval by Russian trade unions and employers' associations.

Part time

The Labor Code states that there are several options for organizing work in this mode:

Reduce the duration of the working day or shift by certain hours (all working days of the week are reduced).
Reduce the number of working days per week, but at the same time maintain the usual length of the working day or shift.
Reduce the duration of daily work by a fixed number of hours, while reducing the number of working days in a week.

However, do not confuse part-time work with a reduced one, which is mentioned in Article 93 of the Labor Code of the Russian Federation and which is established for certain categories of citizens. For example, for persons under the age of sixteen, disabled people, students, workers employed in hazardous areas of production, etc. For such employees, reduced working hours are the full norm. If you are interested in any information regarding your rights or working conditions, you can always read the Labor Code with comments. The explanations are given in detail and in an accessible form.

Part time sheet

Everyone knows that at the enterprise, personnel officers keep a time sheet. It is on it that the accounting department is then guided when accruing wages. Therefore, the time sheet is one of the main documents for the personnel department.

So, it takes into account work in conditions part-time at the request of the employee, it is marked with the code "NS" or "25" (according to the resolution of the State Statistics Committee of 01/05/2004 No. 1). In this case, we are talking about part-time work, because non-working days with a shortened week, they will be celebrated as holidays.

Wages and holidays

Part-time pay will be different than normal. The fact is that in the conditions of carrying out activities in this mode, there is a clear decrease in wages. And this is logical. The accrual will be carried out in proportion to the time that the employee worked, or for the amount of work performed by him (Article 93 of the Labor Code of the Russian Federation).

But the part-time vacation is exactly the same as with the usual schedule. When calculating vacation pay, other factors are also taken into account. labor rights. In fact, the shortened working day does not affect the duration of the annual leave. The calculation of the average daily earnings for the calculation of travel, sick leave and vacation pay occurs in the usual manner, in accordance with the regulatory documentation. The change in the employee's work mode in the billing period does not play a role.

At the same time, if they want to involve a person in performing a task outside the schedule that is set for him, then this type of activity will already be considered overtime work (Articles 99, 152 of the Labor Code of the Russian Federation), and therefore paid accordingly.

Work on your days off with a shortened working week is also paid in an increased amount (Articles 153, 113 of the Labor Code of the Russian Federation).

We have introduced you to the main points regarding wages if you are employed part-time. The Labor Code stands guard over the interests of citizens. However, it should be remembered that in practice those norms that are clearly indicated in the legal documents are not always followed. Therefore, we need to know our rights in order to monitor their observance.

Part-time arrangement

Sometimes it happens that people need to reduce the time spent at work for some objective reasons. And they wonder: "How to get a part-time job?" It's not difficult at all.

Earlier, we have already said that initially, by agreement of the parties, an appropriate employment contract can be drawn up. Part-time work is specified in it as the mode of work of a certain employee.

In what other cases is an employer obliged to transfer an employee to a reduced work schedule?

Article 93 of the Labor Code of the Russian Federation specifies the following categories of citizens:

Pregnant women.
Parent of a child under the age of fourteen. It can be either a mother or a father, or a guardian.
Persons who care for a sick relative (with a medical certificate).

To switch to a new one, you just need to write an application for a part-time job.

In addition, people, while on parental leave, have the right to work on a special, reduced schedule. However, they retain the right to receive social security benefits. Moreover, both the mother and the father of the child, grandmother, grandfather, guardian, who actually care for the baby (Article 256 of the Labor Code of the Russian Federation), have such an opportunity.

As we said above, the transfer to a part-time job occurs at the request of the employee if there is an application.

Here is an example of such a document.

From 10/01/2012 to 12/31/2012 I am asking you to transfer me to a part-time job (seven working hours a day) due to pregnancy.

A certificate of pregnancy is attached.

Based on the application, the personnel officer writes an order for part-time work. See sample below.

About part-time transfer

Based on the application of the accountant Ivanova A.A. dated September 29, 2012 and in accordance with the Labor Code of the Russian Federation, Art. No. 93

I order:

1. To provide the accountant Ivanova A.A. with a part-time job from 01.10.2012.

2. To establish the following work schedule for the accountant Ivanova A.A.:

Five day work week with two days off.
Reducing the duration of daily work by one hour.
The working week is thirty-five hours.
Working hours: Monday - Friday: from 9:00 to 17:00, lunch break: from 13:00 to 14:00.

3. Accountants to pay the salary of A. A. Ivanova in proportion to the time she has worked.

4. To impose control over the execution of the order on the deputy Khorkina V.V.

Director Vasechkin I.V.

Familiarized with the order:

Changing the employment contract

If one of the employees in the enterprise has a work schedule that differs from the generally accepted one, this must be reflected in employment contract(Article 57 of the Labor Code of the Russian Federation). If the changes have occurred recently, then it makes sense to make some amendments. It is not necessary to completely change it, it is enough to draw up an additional contract, which will reflect the innovations.

All agreements or additions to them are made only in writing (Article 72 of the Labor Code of the Russian Federation).

Up to this point, we have considered only those cases when the employee himself initiates a change in the work schedule. But it often happens that for a number of reasons the previous provisions of the employment contract cannot be preserved. Then they can be changed at the discretion of the employer. In this case, the company is obliged to inform its employees in advance about the upcoming changes and the reasons that led to this. The employer notifies employees that they will be transferred to part-time 74) at least two months in advance.

Such changes are possible when an enterprise is faced with a choice: either carry out a mass dismissal of employees, or, in order to maintain a certain number of jobs, go for the introduction of a part-time work regime (see the code with comments). The law provides for such a procedure for up to six months.

We emphasize that the indicators of mass layoffs are defined in intersectoral and territorial agreements (Article 82 of the Labor Code of the Russian Federation). The most striking example of such a situation can be a large reduction in the number of employees in connection with the liquidation of the organization or with the reduction of entire divisions of the enterprise.

Part-time work (the Labor Code of the Russian Federation contains such information) is then established by a single order for the enterprise. Employees are notified in writing against signature. Moreover, consent or disagreement to work in the changed conditions is prescribed right there, in the order, or in a separate document. According to the Labor Code, if a person does not want to work according to a new schedule, the employment contract is terminated with him automatically (clause 2, part 1, article 81). The employee is then compensated.

Of course, all changes in the employment contract should not worsen the position of employees, in comparison with the clauses. Cancellation of the part-time regime earlier than the period for which it was introduced is carried out by the enterprise with the participation of the trade union organization.

Part time for moms

Let's now take a closer look at the issue of part-time work for women. We have already mentioned that, while on maternity leave, a woman has every right to go to work part-time. Thus, the young mother will be able to re-enter the course of affairs and not lose her qualifications. How to get such an employee to work?

We remind readers that parental leave is issued by mothers until their son / daughter reaches the age of three (Article 256 of the Labor Code of the Russian Federation). For this period, they retain workplace. Article 256 of the Labor Code of the Russian Federation, part 3, states that a woman can go to work at this time on a part-time basis. It turns out that until the baby is three years old, his mother can be on vacation and work at the same time.

Features of reduced working hours for women

Part-time work can be set for a woman for any period of time (if we are talking about a mother of small children). There are no restrictions on this in the labor code. That is, there are two options. First: the event is indicated before which adjustments are made to the employee's work schedule. And the second option does not provide for any dates.

The law does not specify what exactly the duration of the working week should be in this case. In fact, a woman can work a couple of hours a week, and thirty-nine ... This issue is not regulated by law.

If an employee processes more than the established norm, then this overtime which must be paid separately.

Note that breaks for feeding an infant are included in working hours (Article 258 of the Labor Code of the Russian Federation). According to the statement of the worker herself, who has a baby under the age of one and a half years, she is provided with hours for feeding, in addition to a break for rest, food.

Also, part-time women are entitled to a shortened pre-holiday day, like all other categories of workers. In general, this rule applies to absolutely all employees, regardless of their work schedule. Any deviations from the norm for a young mother are either compensated financially, like overtime hours, or she is given an additional day off.

In the report card, the hours worked by a woman are put down under the code "25" or "NS".

In case of a part-time working week, the number of days worked is indicated, and in case of a part-time working day, the hours actually worked. Weekends are put down under the code "26".

Filling out the time sheet for a young mother has its own characteristics. After all, she is actually at work and on maternity leave at the same time, which frees her from the obligation to work. Therefore, as a rule, two corresponding codes are entered into the document. To do this, add an additional line to the table.

How to reflect breaks for feeding a child? There is no single answer. Two options are offered. In the first case, you can simply mark this time as working, because, in fact, it is so. And the salary will be accrued according to the order according to the average earnings, because the breaks are paid according to the average.

And in the second case, they offer to show the time of feeding in the report card, which, according to many experts, is not very convenient and even pointless.

Paperwork for a new mother

If a woman who is on parental leave is initially hired on a part-time basis, this is specified in the employment contract. The order for employment must contain a schedule of its activities, indicating a lunch break and days off. Salary is calculated in proportion to hours worked.

But if you need to transfer an already working employee to a part-time job, then for this she writes a statement. In it, she indicates the reason for her request (the presence of a child under three years old) and the period for which she plans such changes. The transfer of a woman to will be issued by order. And it is also desirable to make an addition to the employment contract, where the changes will be indicated - it is more correct to do so.

Is it possible to transfer to another job?

When a woman switches to a part-time work week, she can be transferred to another section. Of course, a similar position should be provided. At the same time, such a translation is not even entered in the work book.

In order not to engage in bureaucracy and not to hire an employee for a permanent job, you can go the other way. As you know, there are civil law contracts that are drawn up for the performance of a certain type of work. With their help, you can attract a woman to regular or occasional cooperation with the enterprise. The work performed by her will be accepted with the help of acceptance certificates. Payment will be made in accordance with the contract. This option is beneficial for both the enterprise and the woman.

Summing up the topic, I would also like to emphasize that an employee at any time has the right to switch back to full-time work. For this, only her desire and a written statement are enough. There are no legal restrictions on this matter. The personnel officer, on the basis of the application, prints the order.

Instead of an afterword

In our article, we tried to understand the nuances of part-time work as much as possible. Summing up, I would like to advise if you have any questions regarding labor legislation, refer to such a document as the Labor Code with comments. And don't let the harsh name scare you. In it you can find answers to many topics that interest you. We hope that our article will be useful for you.

By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment 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, custodian) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts Russian Federation. When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Legal advice under Art. 93 of the Labor Code of the Russian Federation

Vera Lazareva

I am a working mother with a 4 year old child. I arrange a part-time job so that I don’t go to 7:30 as expected, but by 8:00, as I take my child to kindergarten. At work, they require a certificate from the kindergarten about its working hours and describe in detail why I cannot drive it early in order to be in time by 7:30. Is this legal?

Igor Prokonov

Question answered by phone

Fedor Semidevkin

I work part-time (0.75 rate) as the main employee for 6 hours 30 minutes under an employment contract. Do they have the right to refuse to provide mother's day? I have three children from 16 to 7 years old.

Question answered by phone

Inna Dorofeeva

Hello! Please tell me, I work as a nurse in a sanatorium, I have two minor children, does the boss have the right to put me on night duty, and even after them go to the treatment rooms for the whole day?

Question answered by phone

Margarita Shestakova

article 93 of the Labor Code: is it necessary to draw up a separate agreement to the employment contract and immediately stipulate the day .. which will be a day off, the term of this agreement My employee wants to take such a day off every week on different days, is this legal?

It is necessary to draw up a separate agreement on the establishment of a working time regime with a part-time working week. In the agreement, indicate that the specified day will be provided according to personal statement worker.

Lydia Alexandrova

Are women with a child under three years old entitled to a shortened working day by one hour according to the labor code? What satya?

Lawyer's response:
- Lawyer's response:
  Article 93. Part-time work

Elizabeth Semenova

Tell me what is the working day for pregnant employees of the wis (articles of the law) working day

Lawyer's response:
The law is the same for everyone, not only for female employees of the UIs. This is the Labor Code. Article 93. Part-time work: By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman.. . When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.

Zhanna Titova

how many days of descent per year are part-time workers allowed?

Full leave, the same as working for full time. (Article 93 of the Labor Code of the Russian Federation) In particular, this article states: Part-time work does not entail any restrictions for employees on the duration ...

Julia Egorova

Legal advice is needed. What needs to be done (provided to the authorities) in order to go to work part-time (without any payments), caring for an elderly grandmother (89 years old).

Lawyer's response:
Article 93. Part-time work [Labor Code of the Russian Federation] [Chapter 15] [Article 93] By agreement between the employee and the employer, part-time work (shift) or part-time work week may be established both at the time of employment and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, custodian), who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Zinaida Sidorova

I'm pregnant and the employer asks me to write a statement of my own! Help!!!. I'm on the 6th month, 10 weeks before the decree. Working sales representative, officially under an employment contract. Today I was asked to apply for own will... they say I can’t cope with my duties (for those who know, I don’t fulfill my plans). Although my plans were raised and it is physically impossible to fulfill them in a certain area. I tried for 2 months and 2 months didn't work... I don't refer to bad feeling I try 100%. but now you can't prove anything... What do i do?

Lawyer's response:
It is not worth responding to the attacks of the employer. Do your job as conscientiously as you have done before. If there is nothing to dig into, any court will be on your side. And sometimes you also say to your boss: “They say, I’ll go, as soon as I declare to the Labor Inspectorate or I’ll set the prosecutors at all, they’ll torture me with checks, you’ll know from me.” Pull it yourself until the decree. And when you go on maternity leave, it will no longer matter. If the employer is very annoying, then in order to see his face less, use the right that is given to you in accordance with Article 93 of the Labor Code of the Russian Federation (although this will affect your wages), but on the other hand, nerves are more expensive ... Article 93. Part-time work By agreement between the employee and the employer, part-time work (shift) or part-time work week may be established both at the time of employment and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, custodian), who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. (in ed. federal law dated 30.06.2006 N 90-FZ) (see the text in the previous edition) When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work he performed. Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights. http://www.consultant.ru/popular/tkrf/14_20.html © ConsultantPlus, 1992-2012

Veronika Ilyina

you can get a part-time job

Part-time employment is regulated by article 93 of the Labor Code of the Russian Federation. Part-time work can be established immediately upon employment, if the employer agrees to this, or during labor activity if an employee or employer...

Svetlana Romanova

my son is a disabled person of the 1st group, I have the right to a reduced working day. Work

Lawyer's response:
Labor Code of the Russian Federation Chapter 15 Article 93 By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, custodian), who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Anastasia Yakovaleva

work and pregnancy. how to be?. pregnancy beginning of the 2nd trimester. arranged officially, but there are no sick days. I work as a salesman. work schedule 3 in three, but twelve hours. can I demand from management a reduction in working hours during the day, and which laws to refer to. how to do it so as not to spoil relations with superiors

Lawyer's response:
You can. Article 93 of the Labor Code. You will only receive in proportion to the hours worked. As for saving good relations with superiors, here it will depend on the decency of your superiors. But first of all, take care of your health and the health of your unborn baby. While you take care of the baby, a lot of time will pass, and then it will be seen.

Ksenia Petrova

i have an 8 year old child can i go to part time

LABOR CODE OF THE RUSSIAN FEDERATION. Article 93. Part-time work By agreement between the employee and the employer, part-time work (shift) or part-time work week may be established both at the time of employment and subsequently. Employer...

Nikita Paradoxov

Benefits for disabled children.

Lawyer's response:
It was registered with the Ministry of Justice of the Russian Federation on May 29, 2000 N 2238, the Ministry of Labor and Social Development of the Russian Federation N 26 Putting dated April 4, 2000 on the approval of clarification "On the procedure for the provision and payment of additional days off a month to one of the working parents (guardian, trusteeship) for leaving) FOR CHILDREN - DISABLED" 1. Four additional paid days off for caring for children - disabled and disabled from childhood until they reach the age of 18 are provided in a calendar month to one of the working parents (guardian, custodian) upon his application and are issued by order (instruction) administration of the organization on the basis of a certificate from the social protection authorities on the disability of the child, indicating that the child is not kept in a specialized children's institution(belonging to any department) in full state support Labor Code Article 93. Part-time work By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, custodian), who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. (as amended by Federal Law No. 90-FZ of 30.06.2006) The following are not allowed to work at night: pregnant women; employees under the age of eighteen. Women with children under the age of three, disabled people, employees with disabled children Termination of an employment contract with women with children under the age of three, single mothers raising a child under the age of fourteen (a disabled child under eighteen) , other persons raising these children without a mother, at the initiative of the employer, is not allowed (with the exception of dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of the first part of Article 81 or paragraph 2 of Article 336 of this Code). An employee with two or more children under the age of fourteen, an employee with a disabled child under the age of eighteen, a single mother raising a child under the age of fourteen, a father raising a child under the age of fourteen without a mother, by a collective agreement additional annual leave without pay can be established at a time convenient for them for up to 14 calendar days. The transfer of this leave to the next working year is not allowed. (As amended by Federal Law No. 90-FZ dated June 30, 2006)

Yana Mikheeva

The employee is on leave to care for a child under 3 years of age and works part-time. The employee is on leave to care for a child under 3 years of age and works part-time. Can the administration refuse to take another vacation?

Lawyer's response:
Let's just read the article of the Labor Code Article 93. Part-time work By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, custodian), who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights. CONCLUSION: Leave must be provided in full, at the set time, no full-time work is necessary, no applications for interruption of parental leave need to be written - all this does not comply with the law and some amazing antics of personnel officers. Because in your case, you are working part-time while still being entitled to Maternity Benefit, you are not currently on vacation. Good luck!

Ilya Babakin

do I have the right to a shortened working day? now I have the 7th month of pregnancy! I work for five days, from 10 to 18

Lawyer's response:
According to Article 93 of the Labor Code, the employer is obliged to establish a part-time (shift) or part-time work week at the request of a pregnant woman. When working on a part-time basis, the employee's remuneration is made in proportion to the time worked by him or depending on the amount of work performed by him. And according to Article 254 of the Labor Code - for pregnant women, in accordance with a medical report and at their request, the production rates, service rates, or these women are transferred to other work, excluding the impact of adverse production factors, while maintaining the average earnings at the previous job. You have two options: 1) reduce working hours, but at the same time losing money; 2) switch to easier work, while maintaining the average earnings.

Diana Zhukova

What is the best way to apply to a school principal? After maternity leave I want to go to work at school only on a part-time basis. Am I entitled to this?

Lawyer's response:
Write an application for the transition to part-time work (4 hours a day) work week. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, custodian), who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Egor Banny

Tell me an article in the Labor Code that says that women with a child under 3 years old may not work on Saturdays. I work at a school, we have a 5-day week, but the administration forces me to work on Saturdays. It needs to be legally motivated.

There has been no Labor Code since 2002, there is no such article either. The Labor Code has article 93 that a woman with children under 14 has the right to work part-time.

Inna Belova

Can I leave parental leave for a child under 1.5 years old for a non-main job before urgently?. Before the birth of the child, I had two jobs (main and part-time). Now I am on leave to care for a child up to 1.5 years old (a child is 7 months old). Now I want to go to not the main place of work, but on the main one to use the vacation to the end. Do I have the right to do this, and how should I proceed, because the application for leave was written before 03/23/2010.

Lawyer's response:
Clause 39 of the Regulations on the appointment and payment of state benefits to citizens with children, approved by Decree of the Government of the Russian Federation of December 30, 2006 865, provides for the preservation of the right of the insured person who actually cares for the child and is on parental leave to receive a monthly allowance in the event of going to work part-time or at home, as well as in the case of continuing education. In accordance with Article 93 of the Labor Code of the Russian Federation, part-time work does not entail any restrictions on labor rights for employees. a person who has taken parental leave at the place of work and works part-time, is paid both a monthly childcare allowance and wages, for which in due course a single social tax is charged, in the part credited to the Social Insurance Fund of the Russian Federation, then, accordingly, in the event of his illness, temporary disability benefits are paid in the general manner established by Federal Law No. pregnancy and childbirth of citizens subject to compulsory social insurancek. This means that temporary disability benefits are calculated from the average earnings of a person working under an employment contract for the last 12 calendar months preceding the month of temporary disability. If there is no earnings in this billing period, the benefit is calculated from the earnings received in the month in which the insured event occurred.

Inna Romanova

I need to take a child (5 years old), who is going on vacation with his grandmother, to the train. BUT ..... I need to take a child (5 years old), who is leaving on vacation with her grandmother, to the train. BUT the employer does not let me go, referring to the fact that there is no one to work (I work in a state institution). Is there any law according to which the authorities are obliged to let me go P.S. I am a single mother, and there is no one else to accompany the child.

Lawyer's response:
In the context of the current legal regulation labor relations the independent upbringing of the child, alas, is not a criterion that obliges the employer to provide unpaid leave in accordance with the law. That is, it obliges the employer to provide such leave only if it is provided for by the collective agreement. But, in accordance with Article 93 of the Labor Code, the employer does not have the right to refuse to establish a part-time working week. Therefore, you can write a statement "on the establishment of a part-time working week in accordance with Article 93 of the Labor Code of the Russian Federation", in which you list the mode of operation according to your desire: that is, write all the days as you work, for example, and indicate the day of the week on which the train leaves weekend. After you send the child, come and write a "reverse" application for the establishment of the usual mode of (full) working time, or maybe you will like it anyway)) . Just keep in mind that when working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work he performed. But I think that not paying for this additional day off, especially one, will not be of such significant importance, because the baby is more important now. At the same time, I think that the employer, having seen your application, will also not bother so much, as it seems to me easier to let the employee go for 1 day than to draw up so many pieces of paper back and forth due to an incomplete working week

Yakov Kubasov

My child goes to the nursery for 4 hours so far, I also go to work for 4 hours (0.5) of the rate. Question. How can I write a statement to the supervisor that I am going to work part-time (for 4 hours-0.5 rate) while my child gets used to kindergarten and walks 4 hours a day

Lawyer's response:
Statement On the basis of part 1 of article 93 of the Labor Code of the Russian Federation I ask you: Set me from "____" _______2011 a part-time (four-hour) working day due to the need to care for a child with my work schedule from __ hour. ___min. until ___ hour. ____min. A copy of the child's birth certificate is attached to this application. Date, signature. I give a certificate: In accordance with Part 1 of Art. 93 of the Labor Code of the Russian Federation, the employer is obliged to establish a part-time (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, caregiver) with a child under the age of fourteen (a disabled child under the age of eighteen), and also a person caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.

Grigory Kovalenkov

In connection with the crisis, it is necessary to transfer workers to a shorter working week, how to do this correctly, the procedure itself

Lawyer's response:
It is necessary to make additional agreements to employment contracts, here is a sample: SUPPLEMENTARY AGREEMENT No. 4-09 to the employment contract dated 01.09.08 No. 75 Moscow 10.02.09 Society with limited liability"Flight", hereinafter referred to as the Employer, represented by General Director Orlov Grigory Petrovich, acting on the basis of the Charter, on the one hand, and Zaitseva Svetlana Ivanovna, hereinafter referred to as the Employee, on the other hand, in accordance with Part 1 of Article 93 of the Labor Code of the Russian Federation have entered into this agreement as follows. 1. An employee is assigned a part-time working day from 9.00 to 13.30 and a part-time working week (working days - Monday, Wednesday, Friday). Break for rest and meals - from 11.00 to 11.30. The part-time work regime is established for the period from 16.02.09 to 29.05.09. 2. Remuneration of labor is carried out in proportion to the time worked based on the salary established in clause 1.3 of the employment contract dated 01.09.08 No. 75. 3. This agreement is made in two copies for each of the parties and is an integral part of the employment contract dated 01.09.08 No. 75, concluded between the Employer and the Employee. Employer: CEO Polet LLC Orlov / Orlov G. P. / Worker: Zaitseva / Zaitseva S. I. /

Elizaveta Antonova

The rate is reduced to 0.1 units. Is this a reduction or a change in the terms of the employment contract?

Lawyer's response:
If there has been a change in the staffing table, i.e., in the SR, the rate has been reduced to 0.1, then this is a reduction. Perhaps the material from the magazine "Personnel Business" (No. 3, 2009) will help you figure it out: Question. Part-time or downsizing? To reduce personnel costs, the company's management decided to transfer part of the employees to part-time work. Appropriate changes were made to the staffing table. Workers were notified that they were given a part-time job of four hours and, accordingly, their pay was reduced by half. How legal is it? Answer. Let's figure it out. Let's see what actually happened: the reduction of individual posts by half or the establishment of individual workers part-time mode. Since in this case there is a substitution of concepts. So, if there was a reduction (suppose five employees were reduced by 0.5 rates: in staffing there were 40 staff units, it became 37.5), then the employee whose position was reduced by half-time should be notified in the prescribed manner not about the transfer to a part-time job, but about the reduction in his position by 0.5 rates. Now, if there were no reduction in the staffing table, and the issue of lowering the amount of wages for an employee (with a reduction in working hours) remained relevant, then we would notify employees about the introduction of part-time work. However, the transition to part-time work is not so simple. It should be remembered that unilaterally, according to Article 74 of the Labor Code, such a regime can only be established: in order to save jobs. That is, this is possible only if the changes in the organizational or technological working conditions that have occurred in the organization threaten the mass dismissal of workers; taking into account the opinion of the elected body of the primary trade union organization; for up to six months. The Labor Code does not define part-time work. However, as follows from Article 93 of the Labor Code, part-time should be considered the time, the duration of which is less than the normal working hours established for the employee. If, for example, an employee has a 5-day working week with an 8-hour working day, then the introduction of a four-hour working day for him (with payment in proportion to the time worked) will be a transfer to part-time work. If he is transferred to part-time, then a 4-hour working day will be the norm for him. Therefore, you did wrong. In your case, it was necessary to notify each employee about the reduction of his half-time and offer a transfer to the remaining half-time, indicating the new working hours and wages.

Yaroslav Lisytsin

if you return to work earlier from maternity leave, payment child allowance until a year and a half left?. Well, two answers were received ... contradicting each other .... so all the same, how and where to find out then ????

Lawyer's response:
Yes, indeed, the right to a monthly child care allowance (up to 1.5 years) remains if the person on parental leave works part-time or at home, as well as in case of continuing education. If there is a written application from the employee with a request to establish part-time work for her, you, as the employer, need to draw up an additional agreement with the employee on the establishment of the agreed duration of part-time work (shift) or part-time work week. The issuance of an order to conclude an additional agreement is not mandatory requirement and will be under your consideration. In this case, if the condition for establishing part-time work for an employee (Article 93 of the Labor Code of the Russian Federation) is met, there is no reason for any conflict situation both in relation to the employee and in relation to you as an employer. Working on a part-time basis does not entail any restrictions for the employee on the duration of the annual basic paid leave, calculation of seniority. If you return to work full-time, interrupting parental leave, you are not entitled to benefits.

Maria Belova

Does a female part-time worker have the right to annual leave. A woman works on a part-time basis, while on parental leave until the child reaches the age of 1.5 years. Is this period included in the length of service giving the right to the next annual leave?

Lawyer's response:
The question is moot. I have read different opinions on this. Here is one: “Part-time work in accordance with Article 93 of the Labor Code does not entail any restrictions for employees on the duration of annual paid leave, the calculation of seniority and other labor rights. This means that a woman working during the period of leave to care for child on a part-time basis, is entitled to another vacation on a universal basis. But how can she arrange it? After all, the use of two holidays at the same time is not provided for by law. It turns out that you need to interrupt the parental leave and issue another one in the prescribed manner, after the expiration of which it will be necessary to return everything to its place (that is, issue a parental leave again until he reaches the age of three years). The situation is solvable, but the procedure is really cumbersome. From the length of service giving the right to annual paid leave, it is necessary to exclude the time when the employee, while on parental leave, did not work "(full article here). There is an opinion that the employee is initially (first of all) on parental leave , and this time is not included in the length of service for vacation.

Inna Belova

If I take a part-time job at 20 hours, where will the other 20 hours go? Can they take another worker for these hours?

Lawyer's response:
According to Article 93 of the Labor Code, by agreement between the employee and the employer, part-time work (shift) or part-time work can be established both at the time of employment and subsequently. You are not transferred to 0.5 rates. The staff unit is busy. They definitely won't be able to take it. They can only lay additional responsibilities to another employee or to hire someone under a civil law contract to perform a specific job.

Claudia Blinova

The UN analyzed the proposal of the Moscow trade unions to switch from a five-day to a four-day working week and

Yes, even tomorrow. But they will also pay one day less per week :) Do you agree to work less and get less? Will you become happier? Idiots. Even with a five-day working week, Russia cannot establish normal production. Plus service in...

Sergey Borisov

Pregnancy and work Did you work during pregnancy?

worked throughout pregnancy until 31 weeks shift schedule from 9 to 21 .. of course it was hard, especially during toxicosis in the summer in the very heat, and I really wanted to sleep .. but I understood that if I took sick leave, then my work would fall on ...

Antonina Stepanova

Who can work part-time or full-time but not every day for a student of the Faculty of History?

Lawyer's response:
article 92 of the Labor Code of the Russian Federation. Reduced working hours are established: for employees under the age of sixteen - no more than 24 hours a week; for employees aged sixteen to eighteen years - no more than 35 hours per week; for employees who are disabled people of group I or II - no more than 35 hours a week; for workers employed in jobs with harmful and (or) dangerous working conditions - no more than 36 hours a week in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. Students working hours educational institutions under the age of eighteen, working during the academic year in their free time, may not exceed half of the norms established by the first part of this article for persons of the corresponding age. This Code and other federal laws may establish reduced working hours for other categories of employees (pedagogical, medical and other employees). Article 93. Part-time work [Labor Code of the Russian Federation] [Chapter 15] [Article 93] By agreement between the employee and the employer, part-time work (shift) or part-time work week may be established both at the time of employment and subsequently. The employer is obliged to establish part-time work (shift) or part-time work week at the request of a pregnant woman, one of the parents (guardian, custodian), who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Stanislav Romakhin

wage cuts. Is a 50% pay cut legal?

Lawyer's response:
Based on your question, we can assume the following: 1. The salary has become less: In accordance with Article 57 of the Labor Code, the conditions for remuneration (including official salary) is a mandatory condition of the employment contract. Therefore, the employer has the right to change the amount of wages established by the employment contract unilaterally in accordance with Article 74 of the Labor Code only if the following conditions are met. First. If the previous conditions of remuneration cannot be maintained for reasons related to changes in organizational or technological working conditions. Second. If the employee is notified in writing of the upcoming changes, as well as the reasons that necessitated such changes, no later than two months in advance. The actions of the employer to change wages will be recognized as lawful only if these two conditions are simultaneously met. Failure to comply with at least one of them may lead to the cancellation of the previously made decision. bonus system wages. Remuneration systems, as follows from Article 135 of the Labor Code, are established by local regulations. In this case, the Regulation on wages. In accordance with the requirements of Article 68 of the Labor Code, when hiring (before signing an employment contract), each employee must be familiarized with this Regulation against signature. Therefore, despite the fact that in employment contracts concluded in writing, bonus payments are not mentioned (note that this is a violation of Article 57 of the Labor Code of the Russian Federation!), familiarization with the Regulation on remuneration indicates that each employee at the conclusion of the employment contract was aware of the conditions of remuneration for his work. The fact that, after reading the Regulations, the employee began to work, indicates that the agreement on the payment of part of the salary in the form of bonuses between the employee and the employer was actually reached, although it was not recorded in writing. Therefore, the employee must be notified of the cancellation of the payment of bonuses in the prescribed manner at least two months in advance (Article 74 of the Labor Code of the Russian Federation). 3. There were no additional payments: No, it is not necessary. If you notify employees in writing of the transition to a new mode of operation (indicating the duration of the working week, daily work (including start and end times, work breaks) and the reason that necessitated such changes) no later than two months before its introduction, then this is enough. The fact is that payments for the performance of work in conditions that deviate from normal (when working at night, overtime, on weekends and non-working holidays etc.) are not permanent. Additional payments and allowances (in case of involving employees in overtime work, at night, etc.) are paid for any mode of work. Part-time work or reduction: the Labor Code does not define part-time work. However, as follows from Article 93 of the Labor Code, part-time should be considered the time, the duration of which is less than the normal working hours established for the employee. If, for example, an employee has a 5-day working week with an 8-hour working day, then the introduction of a four-hour working day for him (with payment in proportion to the hours worked) will be a transfer to part-time work. If he is transferred to part-time, then a 4-hour working day will be the norm for him. Materials from the site:

The transfer of employees to a part-time work week is a measure necessary to save the enterprise's funds. As a rule, it is relevant in times of financial crisis. With a lack of economic resources, the employer has two options for solving the problem: either a reduction in staff, or a reduction in the working week and a commensurate reduction in spending on salaries. The latter measure is the preferred one.

According to Convention No. 175 and Regulations of the State Labor Committee No. 111 / 8-51, a week is considered incomplete if the duration is less than 40 hours. Part-time transfer at the initiative of the employee and at the initiative of the employer are procedures that differ significantly from each other.

The transition to a new regime at the initiative of the workers

The employee has the right to ask the employer to reduce the working hours. To do this, you need to send an appropriate application to the director. The transition to a partial week can be done in three ways:

Reducing the length of each working day.
Reducing the number of shifts per week while maintaining the length of the working day.
A combination of these options.

In the application, the employee must indicate which particular mode reduction scheme is preferable for him. You also need to enter the following information:

Preferred shift duration.
The duration of the new regime.
The date the schedule was introduced.

Article 93 of the Labor Code of the Russian Federation contains a list of employees to whom the employer cannot refuse to transfer for an incomplete week:

Pregnant.
Parents of a child under 14 years of age or under 18 years of age if he has a disability.
A person who takes care of a relative who is seriously ill.
Parents of a baby up to 1.5 years old.

If the employer refused to reduce the work of these categories of employees, they can challenge this decision in the judicial authority. After the manager has received the application, he must discuss the future work schedule with the employee. As a result of the agreement, an agreement is drawn up, which is attached to the employment contract. The agreement must be drawn up in two copies. Each of them is signed by the employee and the employer.

NOTE! There are no restrictions in the legislation regarding the reduction of the working week.

Part-time transfer at the initiative of the employer

An incomplete week can be introduced either when an employee is hired, or if there is already a specialist in the state. The introduction of the schedule in question is quite convenient for the employer. This is the preferred option for downsizing. When carrying out the procedure, it is required to be based on current regulations.

Part-time working week makes sense to enter in the following cases:

New equipment was put into operation at the enterprise.
There was an implementation various developments obtained, including as a result of scientific research.
Reorganization carried out.
The company has changed its profile.
New methods of control and planning were introduced.
Production management has changed.
Jobs have been improved after certification.

IMPORTANT! Do not confuse the concepts of "reduced" and "Incomplete" weeks. Reduced working hours - 36 hours a week instead of 40 (24 for underage employees) - are provided for special working conditions or special categories of workers. And incomplete can be arbitrary and is established by agreement, both during employment and later.

When introducing a new schedule, the employer must coordinate his initiative with the trade union. To do this, it is necessary to draw up an appropriate draft order. The document contains the following information:

Date of introduction of the new schedule.
Mode form (reduction of hours or days).
Employees for whom the schedule is entered.
Reasons for innovation.

Within five days, the trade union is obliged to prepare a response in writing. The employer must listen to the opinion of the institution. However, he has the right to go against the trade union. But it must be provided that the employees of the trade union have the right to apply to the labor inspectorate or the judicial authority.

IMPORTANT! The part-time work week is introduced for a limited period. The maximum period is six months, which is established by part 5 of article 74 of the Labor Code of the Russian Federation.

When approving a new schedule, keep in mind the following rules:

2 months before the introduction of the new schedule, employees must receive appropriate notifications.
Payment is made in proportion to working hours. That is, the company reduces the cost of paying salaries.
Reduced work is included in seniority.
Such work does not affect the duration of the vacation and the provision of other guarantees.

The transition to a part-time week - this, as a rule, means the appearance of another day off. These days will not be paid.

The reduced working time schedule does not appear in any way in work book.
Such employees receive sick leave, maternity, vacation and other payments in full, without reductions.
publishing is not required.
It is allowed to hire another employee on a part-time basis with the same part-time work schedule, or you can apply for a combination with another employee.

In addition, with a part-time work week, employees lose the right to a “short” day before a holiday or weekend.

What if employees don't want to?

Hired personnel have the right to disagree with the requirements of the employer. No one can force a person to work according to a different schedule if he does not want to. However, the legislation does not require the authorities to take into account the will and seek the consent of employees to introduce a part-time working week, but only to notify them in advance. What response options does an employee have who is categorically not satisfied with such a schedule?

Leave work of your own free will or by agreement of the parties.
Be fired due to a reduction in the number or staff (at the initiative of the employer).

The procedure for transferring to an incomplete week

Consider the procedure for establishing innovations at the initiative of an employee:

Receiving a statement from an employee.
Drawing up an order for an incomplete schedule.
Drawing up a supporting agreement with relevant information, which is attached to the employment contract.

The procedure for approving the schedule at the will of the employer:

Drafting an order.
Referral of the project to the union.
Employees are notified of schedule changes.
Issuance of the corresponding order.
Sending notice of schedule changes to the employment center.

Notification to the employment center must be sent within three days from the date of approval of the decision. If the employer does not do this, he is liable in the form of a fine. The manager will have to pay 300-500 rubles, the company - 3,000-5,000 rubles. Changed data must also be sent to the statistical authorities. This is a mandatory measure for all companies with more than 15 employees. Information must be sent to the statistics authority by the 8th day of the month following the reporting quarter.

Features of drawing up an order for the approval of an incomplete week

When introducing an incomplete week, an order must be issued. It is compiled in free form, but it must necessarily reflect the following information:

Reasons for innovation.
Graph form.
The length of the working day.
Length of lunch break.
Schedule expiration date.
The composition of employees or departments for which a partial week is introduced.
Features of the calculation of earnings.
Forms of payment of funds.

The order must be signed by all key persons of the company: the head, the chief accountant, the manager of the personnel department, the employee in respect of whom the schedule is being introduced.

IMPORTANT! If the schedule is introduced in relation to a specialist who gets a job in a company, this must be recorded in the order for hiring an employee.

What can not be done with the introduction of a part-time work week?

The new schedule must comply with the law. The employer must keep in mind the following prohibitions:

The introduction of an incomplete week for a period exceeding 6 months.
Application of the schedule: rest for a week, work for a week.
The introduction of a "floating" chart. A “floating” schedule means an unequal number of hours per week.

The employer is not recommended to contradict the opinion of the trade union. This can be done, but disagreements are fraught with a court or an audit by the labor inspectorate. The manager must keep in mind that he cannot introduce a schedule that is contrary to the rights of workers. This is a violation of the law.

Legislative innovations regarding part-time work

In 2017-2018, some changes were made to the laws regulating working hours, including part-time.

From June 26, 2017, it is possible to establish not only an incomplete shift or a part-time working week, but also to reduce the daily length of the working day (Article 93 of the Labor Code of the Russian Federation).
The law allowed the employer not to arrange lunch breaks if his staff works on a reduced schedule with working hours of no more than 4 hours a day (Article 108 of the Labor Code of the Russian Federation).

When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Comments on Art. 93 of the Labor Code of the Russian Federation

1. The concept of "part-time work" covers both part-time work and part-time work.

With part-time work, the number of hours of work per day is reduced compared to what is established in the organization by the schedule or schedule for this category of workers (for example, instead of 8 hours - 4 hours).

Part-time working week means setting fewer working days per week (less than 5 or 6 days). It is also possible to establish an employee with a part-time working week with part-time work (for example, 3 working days a week for 4 hours each).

2. By general rule part-time work is established by agreement of the parties to the employment contract for certain period or without specifying a period and is fixed in the employment contract or in an annex to it. In this case, an entry in the work book for the specified mode is not made.

Part-time workers also work part-time. However, the duration of their work is established not by agreement of the parties, but by the employer and cannot exceed 4 hours a day and 16 hours a week (Article 284 of the Labor Code of the Russian Federation).

3. Part-time work may be established for any employee at his request and with the consent of the employer. However, in some cases, such a regime must be established by the employer without fail: at the request of a pregnant woman; one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under 18), as well as a person caring for a sick family member in accordance with a medical report.

Consolidation of the right to mandatory establishment of a part-time regime of only one of the parents who have a child under the age of 14 (a disabled child under 18) means that in case of a need for such a regime, the second parent must resolve this issue in in general order, i.e. by agreement with the employer.

Equally, in a general manner, the issue of part-time work and other family members caring for a sick family member in accordance with a medical opinion should be resolved if one of the members of this family has already exercised, with their consent, the right to such a regime in preferential order.

In addition to the one mentioned in Part 1 of Art. 93 of the Labor Code of the Russian Federation for the category of workers, the employer is obliged to establish part-time work at the request of a disabled person, if such a regime is necessary for him in accordance with an individual rehabilitation program, which is mandatory for organizations regardless of their organizational and legal forms (Articles 11 and 23 of the Federal Law " O social protection disabled people in the Russian Federation").

The employer's refusal to satisfy the employee's request in these cases may be appealed by him to the labor dispute resolution bodies.

4. Part-time workers have the same labor rights as full-time workers. Thus, persons working part-time are entitled to full annual and study leave; the time of work is counted in the length of service as full-time work; weekends and holidays are provided in accordance with labor laws, etc.

Unlike reduced working time, which is a full measure of the duration of work established by law for certain working conditions or categories of workers (see Article 92 of the Labor Code of the Russian Federation), part-time work is only part of this measure. Therefore, in case of part-time work, remuneration is made in proportion to the hours worked or piecework payment- depending on production.

The establishment of part-time work can be carried out not only at the request of the employee and in his interests, but also at the initiative of the employer. Transfer to part-time work is possible due to changes in organizational or technological working conditions, taking into account the opinion of the elected trade union body organization for up to 6 months.

For the procedure for transferring to such a regime, see the commentary to Art. 73.