In this article there is a speech about a mode of incomplete working hours of the worker. Labour Code articles to which it is necessary to refer at the answer to this or that question are noted
Happens so that workers owing to the various reasons have a need to work the incomplete working day. In turn, the employer too can appear in a situation when for it such operating mode is rescue (for example, deterioration of a financial position of the enterprise led to output gap and the unique exit – to establish the incomplete working day). Thus both workers, and at employers have questions of a mode of incomplete working hours. I will consider these questions in consultation.
Who from workers has the right to work in a mode of the incomplete working day?
Whether any worker that to it established the incomplete working day can demand?
Let’s say the worker addresses to the employer with prosyyoby to establish to it the incomplete working day or nepolyony working week. The employer should remember:
• there are categories of workers for which it is impossible otkazyvat: it, certainly, expectant mothers; the women having the child are elderly till 14 years or the disabled child; the women who are carrying out care of the sick member of the family according to medical certificate; disabled people (Art. 56 and 172 Labor codes). Registration procedure the is as follows: worker writes addressed to the employer a zayavyoleniye with a request to establish it an incomplete operating mode, thus specifies, which mode suits it, from what number and for what period (if it already was defined). For example: I ask to establish to me from May 26 to August 31, 2008 incomplete working week, namely Monday, Tuesday, Wednesday – the working days, Thursday and Friday – the days off. The basis – need of additional care of the child till 14 years (the copy of the certificate of birth is applied). Already on the basis of a zayavyoleniye the order on staff is issued;
• to all other workers the incomplete working day or incomplete working week can ustanavlivatsya under the agreement with the employer – both at once at acceptance for work, and later. In this case the owner has the right, but isn’t obliged to change to the employee an operating mode. Therefore if there is a need that the worker was present the whole day on work, the owner quite can otkazat in a request (motivation: interests of production don’t allow). For mode change the worker also submits the application for establishment of incomplete working hours, and the employer issues the order.
Whether the employer for all employees of the enterprise can establish the incomplete working day? If can, for what term?
Yes, can, but at observance governed h. 3 Art. 32 Labour Code. After all in such situation essential working conditions (operating time is reduced so, the salary decreases) change. Therefore the employer obyazan to warn workers about the future changes not later than 2 months. Throughout these 2 months remain the previous conditions raboty. If the worker isn’t agrees to work in a mode of incomplete working hours, the employment contract with it stops: the basis – Art. 36 item 6 the Labour Code, that is refusal to continue work in connection with change of sushcheyostvenny working conditions.
However don’t abuse this basis for dismissal of objectionable workers. Remember that an usloyoviya of work can be essentially changed only if the proizyovodstvo and work organization changes. This fact is checked by courts in case of emergence of labor dispute. Thus changes in the organization of production and work are understood as rationalization of workplaces, introduction of new forms of labor organization, including transition to a brigade form and on the contrary, introduction of the advanced methods, technologies, etc. (by item 10 of the resolution of Plenum of the Supreme Court of Ukraine from 06.11.92 of No. 9 About practice of consideration by vessels of labor disputes). Therefore, if such changes weren’t, and you simply found, how it seems to you, a plausible excuse for dismissal of the worker, be ready to judicial proceedings.
Besides, possibility to change an operating mode at the initiative of the employer should be fixed in the collective agreement. About the forthcoming changes in the production and work organization the employer is obliged to issue the order on the enterprise. All rabotyonik should be acquainted with this order under the signature. I advise, that workers wrote also applications.
As to term on which the incomplete working day is established, it is defined at discretion by the owner of the enterprise. Zakonodatelyyonykh here isn’t present restrictions.
How work is paid at the incomplete working day?
Compensation in these cases is made in proportion to fulfilled time, and at price-work payment – depending on development (h. 2 Art. 56 Labour Code). And the worker hasn’t the right to demand, that to it charged the income not below the minimum wage established by the state. After all this guarantee extends only on the workers who have executed full monthly/hour norm of work (Art. 95 the Labour Code). Thus, if the worker, for example, got wages of 650 UAH. also began to work in a mode of incomplete working hours, let us assume, 4 hours in day, he will receive a half of a "full" salary – 325 UAH.
To what duration it should be granted leave?
Don’t think that if the person works half-day, and otpusk at it should be twice shorter, than at the others. Transfer of the worker to a mode of incomplete working hours doesn’t influence in any way its labor laws (h. 3 Art. 56 Labour Code).
Therefore workers who work incomplete working hours, have the right to annual holiday on a level with drugimi employees of the enterprise, that is they are granted the next leave of the same duration.
Whether it can be granted additional leave for the unrationed working day at work in a mode of incomplete working hours?
I will notice that the unrationed working day not primenyaetsya for workers who work the incomplete working day, but can be applied to workers who work at conditions of incomplete working week.
Therefore those who work part-time, lose the right to additional annual holiday for the unrationed working day, and those who works on the terms of incomplete working week, have the right on such otpusk (item 2 of Recommendations relatively about a predoyostavleniye to workers with the unrationed working day of annual additional holiday for special nature of the work, approved by the order of Ministry of Labor from 10.10.97 of No. 7).
How the disability leaf for the worker with the incomplete working day is paid?
Working as the incomplete working day (week), the worker receives a salary in proportion to otraboyotanny time. From this salary all assignments provided by the law, including contributions to the Social Insurance Fund on temporary disability keep.
Therefore if such worker got on bolnichyony, the disability leaf to it is paid in accordance with general practice – as to any other zastrayokhovanny person (see the letter of Ministry of Labor from 02.03.07 of No. 696/0/10-07/13).
Whether work in a mode of incomplete working hours influences an experience for pension?
Influences, and it is very essential, if the salary rabotnika is less minimum. I will explain why. The matter is that according to Law Art. 24 from 09.07.03 of No. 1058 About obligatory state pension insurance the insurance experience is set off not on actually fulfilled time, and on the size of the insurance fees arriving in the Pension fund. Incomplete month of work is enlisted in an insurance experience as full month provided that the sum of the insurance fees paid for this month not less the minimum insurance fee. Such contribution (for the main category of workers) rasschityvaetsya so: the minimum salary x 35,2 % (33,2 % – charges and 2 % – deduction).
(On Balans-Agro newspaper materials).