The mode of a shortened working week or a shortened working day at the initiative of the employer can be introduced in accordance with Article 74 of the Labor Code of the Russian Federation. This is provided in cases of difficult financial or economic situation of the enterprise in order to avoid the closure of production. But it is necessary to introduce reductions in time in accordance with the rules of the law and for a period not exceeding 6 months.
It is necessary
- - written warning two months in advance;
- - free-form order;
- - additional agreement to the employment contract;
- - a written offer of another job (if the employee does not agree to work under the new conditions);
- - payment of compensation for 2 weeks (if an employee leaves due to changes).
Instructions
Step 1
A reduction in the working week or time entails a reduction in the monetary compensation for the work performed. The calculation of wages in connection with the changes should be carried out in accordance with Article 93 of the Labor Code of the Russian Federation and calculated in proportion to the time worked or the work performed.
Step 2
To formalize a reduction in the working week or working time, the employer must notify all employees in writing 2 months before the introduction of the new conditions (article 74, part 2 of the Labor Code of the Russian Federation). Each employee is obliged to agree or disagree with the new regime and, as a result, with changes in wages.
Step 3
If the employee agrees to work under the new regime and for a lower salary, then the employer issues an order for changes. The order is drawn up in free form, since there is no unified version of this document (Article 9, Clause 2 of Federal Law 129-F3 of 11/21/96). The order should indicate the order of changes, the number of working hours, the reduction of the shift or working day, the start date of the new procedure and the end date of the reduction in time.
Step 4
After the release of the order, the employee should be familiarized with it. Draw up an additional agreement to the employment contract indicating all the points for which the working conditions and wages have been changed.
Step 5
If the employee does not agree to work part-time and on a new form of remuneration, then the employer is obliged to offer work in a given area in writing. If there is no such job, the employee has the right to quit. In this case, the employer must pay an allowance for two weeks in the amount of average earnings (Articles 139, 178 of the Labor Code of the Russian Federation).
Step 6
A reduction in the working week or working time does not entail a reduction in vacation or a decrease in the number of paid days of compensation for vacation at the time of dismissal (provision 922 paragraph 12).
