How many hour is part time job: How many hours is part time? A labor lawyer explains

Опубликовано: April 21, 2023 в 9:19 pm

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How many hours is part time? A labor lawyer explains

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There is no law that broadly defines how many hours is “part-time” work. Instead, it is up to the employer to define what “part-time” means. They can call a job “part-time” even if it would require you to work over 30 hours. Because part-time employees are entitled to fewer benefits, worker misclassification is common.

Are there any laws that define part-time work?

There are no federal laws that state how many hours you have to work to be a full-time or a part-time worker. There are a handful of laws that use the number of hours to define part-time work for specific circumstances, such as when you are entitled to health insurance. However, employers can label a job as full- or part-time with little oversight. A part-time job can be a role that requires anywhere from 1 hour in a week to 35 or 40.

The Fair Labor Standards Act (FLSA) is the federal law that generally governs workplace rules. However, the FLSA is silent on the distinction between full-time and part-time work.

The U.S. Department of Labor, through the Bureau of Labor Statistics, defines part-time workers as those who usually work fewer than 35 hours per week.1 However, this definition is only used for statistical purposes. It is not a legal definition.

One law that defines part-time work is the Affordable Care Act (ACA). Also known as Obamacare, under the ACA you are part-time if you work less than 30 hours per workweek.2 However, this law only applies to employer-provided healthcare coverage requirements. The ACA only requires some employers to offer health insurance to full-time employees – those that work over 30 hours per week.

Another federal law that defines part-time work is the Employee Retirement Income Security Act (ERISA). Under ERISA, if you complete 1,000 hours of work in a 12-month period then you gain eligibility to participate in a retirement plan offered by your employer.3 This means that a little less than 19.5 hours per week is full-time employment under ERISA.

However, these and other laws that define part-time work only apply to specific circumstances. They do not apply broadly to all situations. You may be considered a part-time worker by one law, but a full-time worker by another law that requires fewer hours.

Without legal requirements, employers have lots of discretion in how to label particular jobs. It makes it difficult for job seekers to tell how demanding or time-consuming a role will be. This can complicate your job search without the help of a recruiter.

Do part-time employees get the same benefits as full-time employees?

Part-time employees tend to get fewer workplace benefits than workers in full-time jobs. For many workers, their personal circumstances make full-time work impossible. Others prefer working on a part-time basis for the flexible schedule.

Some of the benefits or perks that workers in part-time employment will generally miss out on are:

  • employer-provided insurance, including health, dental, and life insurance,
  • retirement plans,
  • full social security benefits,
  • paid time off,
  • vacation time,
  • sick leave,
  • holiday pay,
  • parental leave, and
  • a fixed work schedule.

While some employers provide these benefits to part-timers, they do not have to in many states. Other states, including California, legally require employers to provide some of these benefits of a full-time position to part-time workers.

What workplace rights do part-time workers have?

While part-time workers may not have access to all of the benefits that full-time workers enjoy, they still have important legal rights. Some of these include the right to:

  • overtime pay,
  • the minimum wage,
  • meal and rest periods,
  • lunch breaks,
  • freedom from workplace harassment, and
  • a discrimination-free workplace.

Just because you are a part-time worker does not mean that these legal protections do not apply to you.

What can I do if my employer is misclassifying me as part-time?

If your employer is calling your job a part-time role but is demanding full-time hours, you can file a misclassification lawsuit. This lawsuit demands that you be properly treated in the workplace; whether with full-time benefits or with part-time hours. The lawsuit also demands compensation for any wages or benefits that you have been deprived of in the past.

Many of these misclassification lawsuits become class actions. If you are being misclassified, there is a good chance that your employer is doing the same to other part-time workers.

Misclassification of part-time workers is not uncommon. Some employers see it as an opportunity to get more work from employees for less compensation. This saves on the company’s bottom line.

What is the law in California?

There is no state employment law in California that defines part-time work as being less than a certain number of hours. The Labor Market Information Division of the California Employment Development Department defines part-time work as less than 35 work hours.4 This definition, however, is not legally binding. It is only used to calculate employment statistics.

While there is no broad definition of part-time work in California, part-time workers do benefit from stronger legal protections than in other states. Some of these legal rights and protections include:

  • 1 extra hour of pay for minimum wage workers if the employee works a split shift,5
  • a minimum wage that is significantly higher than the national minimum, and
  • paid sick days for part-time workers who have at least 30 days of employment in the calendar year. 6

These labor laws are some of the most favorable ones in the country for people in part-time positions. For more discussion, see our article on full-time hours in California.


Legal References:
  1. U.S. Bureau of Labor Statistics, Labor Force Statistics from the Current Population Survey.
  2. 79 Fed. Reg. 8,581 (Feb. 12, 2014).
  3. 29 CFR 1052.
  4. See California Labor Market Review, June 2022, page 4.
  5. Industrial Welfare Commission Wage Orders 1-15, section 4(C).
  6. California Labor Code 246 LAB.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

What Is the Difference & How They Work

Part-Time vs Full-Time Employment Break Down

How many hours is full-time?

What is considered full-time?

Full-time hours Q&A:

Pros and cons of full-time employees

Part-time employment: the basics

How many hours is part-time?

Part-time hours Q&A:

Pros and cons of part-time employees

Differences Between Part-Time vs Full-Time Employees: Comparison Table

Part-Time vs Full-Time: What You Need to Know to Make the Right Choice

The legal

The practical

The efficient

Part-Time vs Full-Time Checklist

Full-Time vs Part-Time Wrap-Up

Think the decision whether you need to hire a part-time vs full-time member of staff is as simple as the hours they work? Think again. Deciding if your new team member should be working part-time hours or full-time hours is so much more than the numbers on their timesheet. 

Distinguishing between part-time vs full-time is essential to understanding how to define your obligations to your employees, including salary, benefits, vacation time, and more.

Fail to label your employees correctly, and you could leave your company open to penalties or fines. In this article, we’ll help you uncover why knowing the difference between part-time vs full time, including:

– What part time vs full time work means
– Factor you need to consider: exempt, non-exempt, overtime, and more
– How to decide who you need
– Which tools can help

Let’s dive in!

Part-Time vs Full-Time Employment Break Down

The number of part-time and full-time employees a company has affects whether the employer is classified as a small employer (SE) or applicable large employer (ALE). SEs and ALEs have different obligations.

It is important to distinguish between full-time and part-time employees because full-time employees receive benefits while, generally, part-time employees do not.

For example, part-time employees typically don’t receive paid time off (such as vacations or holidays), employee benefits (health insurance), and part-time employees are often excluded from participation in employer retirement plans.

If you want to quickly weigh the pros and cons of part-time vs full-time workers, you will find this video helpful:

For an in-depth review of the differences between full-time and part-time (and how to set these differences in your company), stay with us, and let’s dive into the finer details!

How many hours is full-time?

In short, in the US, full-time work is commonly considered to be 40 hours or more working time per week, while part-time employment is usually less than 30 hours a week.

What is considered full-time?

Depending on which publication you look at, you may see different numbers for full-time hours. For example, the Bureau of Labor Statistics definition of full-time considers this type of employment to be 35+ hours per week. Meanwhile, the Affordable Care Act defines a full-time worker as someone who is employed more than 30 hours a week. 

The number of hours worked is just one part of the part-time vs full-time puzzle. Defining the status of full time or part-time workers means taking into consideration:

1) Is the work permanent, temporary, seasonal?

If the role is permanent and more than 30 hours, your employee is likely to be full-time. For temporary and seasonal workers, it will depend on the type of contact you have with them. In any case, you need to follow Federal and Local employment laws for employment conditions and benefits. 

2) Do your employees receive benefits?

Paid time off, health insurance, private retirement plans – all these are benefits companies normally offer to full-time employees. However, part-time employees may still be eligible for certain benefits on a pro-rata basis. Check your local state employment laws. In some instances, you may be discriminating if you do not offer part-time employees benefits. For example, Hawaii’s Prepaid Health Care Law states that employees that work over 20 hours per week should be provided with health insurance.

3) Are you a small employer (SE) or an applicable large employer (ALE)?

If you have more than 50 employees or equivalents that work full time, you will be classified as an ALE (Applicable Large Employer). This obliges you to offer certain healthcare benefits to your employees under the Affordable Care Act (ACA). SEs are not exempt from the ACA but have different requirements. 

Full-time hours Q&A:

Below we answer some of the most frequently asked questions about employing full-time staff for your company.

Does it make a difference whether I pay my employees a salary or by the hour? 

Although salaried vs hourly debate often appears when it comes to the full time vs part-time discussion, how you pay your employee doesn’t mean much in terms of how they are classified. When paying salaried employees, the amount stated in the contract will be defined as a monthly payment and paid on a monthly or 4-weekly basis. Alternatively, this might be seen as a yearly payment, which will be divided and paid based on how many weeks or months an employee has worked.

Is my hourly employee full time?

This depends on how many hours a week they work for you. If on average, your employee has worked more than 30+ hours a week they may be classed as full time or a full-time equivalent, meaning you may be liable for benefits and other contributions under law. In case you need to accurately calculate how many hours your employee has worked in any given week, try our free online timesheet.

If you have a zero-hour contract (flexible) with your employees, you will still be bound by employment law (more on that later) but may not have to offer sick pay, a pension, parental leave, or other specific criteria.

When debating whether hourly or salaried is the way to go, pay attention to whether your employee will be classified as exempt or non-exempt under the Fair Labor Standards Act (FLSA).

What are exempt and non-exempt employees and why does it matter?

Exempt and non-exempt employees are two categories defined under the Fair Labor Standards Act (FLSA). Here’s a quick table to help you understand how your employees should be classified:

Non-exempt Exempt
Paid either a salary or by an hourly wage  Paid a salary, not an hourly wage 
Weekly income may vary  Earns over $684 per week 
Entitled to overtime pay if they work more hours than agreed upon  Does not receive overtime
Applies to almost any field of work Works in a specified job category 
Duties test need not met  Meets Duties Test criteria 
Entitled to overtime pay Not entitled to overtime pay

Defining your employees as exempt or non-exempt is essential to know whether you should be paying overtime or not.

  • Non-exempt employees are covered under the FLSA and should be paid overtime pay.
  • Exempt employees are exempt from some of these terms and not entitled to overtime. 

Pros and cons of full-time employees

In short, the benefits of employing your staff full-time are:

  1. Stability in outgoings on employees. Each month you will know in advance your spending on your employees, including salaries and benefits. This allows you to plan for the future and consider rewarding dedicated staff with bonuses.
  2. Reliability of staff for tasks. You always know who will be on hand to take on certain tasks. There’s no need to hunt for a new specialist every time you need something done. 
  3. Dedication to the company. Providing your staff with good working conditions and a stable salary means they are more likely to be loyal to your company.

And the negative aspect of full-time employment could be:

  1. Liability if the business isn’t going well. If you are locked into a full-time contract with your employees that guarantees hours, then this could be a liability in times of a market dip. You will still need to fulfill the terms of your contract.
  2. May become complacent due to stability. Occasionally when things are going well, we get used to our position and become complacent. When you have full-time employees, you need to look at innovative ways to motivate them to keep up performance.
  3. Can find it hard to balance work and life. As your employees become more and more involved in your business, they may risk jeopardizing the life-work balance. Help keep them on track with regular reviews and accurate project management.

Now that we covered what full time means for your business, let’s move on to part-time work.

Part-time employment: the basics

Where is the line between part-time vs full time? How many hours is part-time? And what’re the average part-time hours per week? Let’s take a look at the role of part-time employees in your business and the part-time employment definition.

How many hours is part-time?

Like full-time employment, there is no set number of hours for a worker to be considered part-time. However, generally speaking, a part-time employee will work less than 30 hours per week on average.

Part-time hours Q&A:

Below we’ll explore some of the most frequently asked questions about employing part-time staff for your company and what this means for you.

Do you need to pay your staff benefits if they are part-time?

Many part-time employees are not entitled to workplace benefits. This means cost savings for many employers. But, there is an exception. If your workplace has 50+ employees, then you are obliged to provide 95% of them who work for 30 hours and more with health insurance. This falls under the Affordable Care Act.

What is considered part-time?

Part-time workers often enjoy more flexible schedules than full-time employees. This leaves them lots of time for outside work activities, or even a second job.

Types of part-time work schedules include:

  • Freelance – working a remote part-time job or on-site, freelancers are temporarily part of your team.
  • On-call – generally confined to the emergency service sector. On-call employees are required to be there as and when needed, but may not actively engage in any work.
  • Split schedule – got a school pickup to take care of or other responsibilities. The split schedule allows your employees to fit their work around their lives.
  • Alternating schedule – your employees’ plan may differ than it was before due to numerous circumstances. These are accommodations made to fit their new lives.
  • Job-share – your employee may share their role and responsibilities with another team member due to other outside-work commitments.
  • Remote – no matter where you are or where your part-time employee is, remote working is one way to get things done without the fuss.

Which types of jobs are most suitable for part-time work?

Almost all types of work could be suitable for transfer to part-time roles. However, some of the most popular include health and social care, accounting, computer programming, editing, graphic design, waitressing, and more.

Part-time work may be undertaken to supplement the employee’s main wage or as a standalone activity for an employee who is part-time by choice. 

Pros and cons of part-time employees

Some of the advantages of employing part-time staff include:

  1. Flexibility for the employee and employer. When your employees are part-time, this offers versatility to your business. You can employ a more diverse range of staff for smaller tasks. For example, a part-time designer and a part-time copywriter, if you don’t need someone full-time. Your employee is also freer to pursue additional opportunities and expand their skill set.
  2. Less cost to your business. Generally, with part-time vs full-time employees, you won’t be required to pay additional benefits. This means you save in the financial department.
  3. Provides an extra set of hands to your team. Whether your part-time is in-office or you’re offering remote part-time jobs opportunities, your employee is an extra set of hands for your full-time staff. They can reduce the pressure on the team and get them working more efficiently.

There are definitely some disadvantages to consider, too, when it comes to employing part-time workers:

  1. May have other commitments. While going part-time does allow your employees the opportunity to expand their skill set, the downside is they may not have enough time to commit to your project.
  2. Fluctuating monthly costs. Depending on the type of contract you have with your employee, you may be paying them fluctuating costs due to the hours they worked that month. You need to carefully monitor hours-worked with a time tracker to ensure accuracy.
  3. Questionable loyalty and consistency. When you’re not paying their full-time salary, your part-timers may be open to looking to opportunities elsewhere. They may find the grass is greener on the other side. And this could leave you short-handed. 

Now that we learned about part-time vs full-time employment, let’s compare them.

Differences Between Part-Time vs Full-Time Employees: Comparison Table

Knowing the difference between part-time vs full-time is essential to your staffing planning. Below we break it down for you in a handy table that compares these two types for you.

  Part-Time Employee Full-Time Employee Why does this matter?
Does your employee receive benefits? These workers generally don’t receive benefits. It is often at the digression of the employer. However, some may be entitled.  Most businesses are required to offer their full-time employees benefits. Additional benefits, such as stock options, may be offered by the decision of the employer. Benefits are an attractive feature for employees. The security they provide can help your business land high-quality talent. However, on the other hand, they can be costly.
Do I need to offer health insurance? In some cases, you may be required to offer your employees health insurance under the ACA. For ALEs that have more than 50 full-time staff and full-time equivalents, the ACA states that you must provide health insurance. For SEs, you need to check for your individual business. If you fail to offer health insurance when you should, you may face penalties. However, conversely, overpaying when you don’t have to can impact your profits and you may consider offering on a case-by-case basis.
Do I need to follow the Federal Fair Labor Standards Act (FLSA)? Yes, having part-time staff does not exempt you from the terms of the FLSA. Yes, full-time employees are covered under the FLSA. The FLSA is the bottom line for employers. Part time or full time, you are required to follow its terms. 
Do I need to follow local employment laws? Yes. Yes. You should always consult your local employment laws, alongside federal employment laws, such as the FLSA. These may differ in terms of minimum salary. In which case, you are required to pay whichever rate is higher.
Does exempt vs non-exempt matter for my employees? And do I need to pay overtime? Generally, part-time workers are non-exempt. You will be required to pay both minimum wage per hour and overtime.  Full-time workers are generally exempt, so you may not have to pay overtime and will pay based on salary. Exempt or Non-exempt status should be considered separately from part-time vs full-time employment status. Always recheck for your individual case.

Part-Time vs Full-Time: What You Need to Know to Make the Right Choice

We’ve covered what full-time vs part-time means for you and your business… but what are the criteria you should base your decision on? If you’re still torn, here is the list of the factors you need to consider.

The legal

No matter which type of employment style you choose, you will be bound by one thing – the Fair Labor Standards Act (FLSA). Developed in 1938, the FLSA defines workers’ rights and employers’ responsibilities. 

It covers terms, such as exempt and non-exempt, rules and compliance, and more. When employing a member of staff, this is your go-to guide for doing things right. Here are some of the main points to pay attention to:

  • Minimum wage – although this may vary from state to state (check your local legislation), as of July 24, 2009, the US minimum wage is $7. 25 per hour. This is the absolute minimum you can pay your employees if they work by the hour. Note: If the state minimum is higher, you must pay this amount instead.
  • Overtime – if your employees are non-exempt and entitled to overtime pay, you need to build this into your calculations. Generally, overtime is paid at time and a half for any hours worked after 40 hours.
  • Hours worked and record-keeping – as an employer, you are required to keep an accurate record of employees’ hours worked. This includes all hours on-premises, at the workplace (even when working from home), and on duty. For this, a time tracker will help you. 
Don’t forget the ACA

As an employer, there’s one additional piece of legislation you’ll need to take note of – the Affordable Care Act. If you have more than 50 full-time employees, you are an “applicable large employer” or ALE. This means you should provide health insurance to your employees.

Less than 50 full-time employees or equivalents and you’re probably a Small Employer (SE).

However, calculating if you have 50 full-time employees is not so straight forward as you initially think. To do this involves adding all your employees’ hours together and dividing them.

Need some help? The government has developed a special calculator to do this for you. Just input the hours – you can calculate them with Everhour – and see if you’re eligible to pay ACA.

The practical

With the legal out of the way, now you need to find systems and procedures within your organization to make full-time or part-time work for you. This comes down to three factors – project management, time monitoring, and budgeting

Project management methodologies

Before you launch your awesome project, you’ll need a system and structure to make it work. Also known as your project management methodology. That applies whether you’re going Agile, Waterfall, or more traditional. This defines the methodology by which you will work and then allows you to plan your staffing needs more accurately. 

By deciding this key point, you’ll be able to define which staff you need – full-time or part-time and approximately when in the project you need them. You can even hire freelancers or external experts as and when required.

Make time management a priority

Next up is time management. If you’re already a time tracking pro and experienced leader, you’ll have some idea of how long it takes to get work done. But if you’re newish or taking on a brand new project, there will be some trial and error as you evaluate working hours. In either case, using a time tracker helps you get to grips with:

  • how much time is needed to complete a task
  • the extent to which your employees are busy
  • how much work they can afford to take on before you hire someone else.
Budget like a pro

Now, what about that budget? Budgeting is a vital part of any company, without accurate finance-keeping, you will find your business is ineffective and essentially more a hobby than a business. You need to make sure your company is profitable. Your budget not only dictates how many employees you need to get work done but also how valuable their time is for you. For example, you may be underpaying someone who makes your company a fortune. Or overpaying another who brings little profit. 

Our project budgeting feature can help you to account for all calculations in your project and get reliable, usable data. Note, that knowing your budget and costs is helpful when tracking time for invoices and other financial transactions.

The efficient

You’ve covered the basics of getting your full or part-time employees to work. But, no matter how great your workers are or how many hours they work, you need to keep them motivated and productive.

Adding productivity tools to your business, such as project management software (for example, Asana project tracking) and time trackers, helps to keep your team in sync on tasks and motivated to work as they see the company’s overall progress.  

In addition, communication tools such as Slack, Skype, Zoom, etc. boost your team’s ability to cooperate and work together, no matter whether they are in the office or working remotely. Helping them to stay connected and on the same page with the project. 

97% of employees and executives believe that the ability to work together affects a project.

source consulting group

Benefits and bonuses

But that’s just the basics. Aside from your essential internal methodologies, you will need to consider other tools and benefits to boost motivation and productivity. For example, team-building activities and games may seem like a waste of precious time. However, getting your employees together builds a stronger team that reaches goals more effectively and has an increased ability to solve tough issues. 

You might additionally consider financial or benefit bonuses based on hours worked or performance indicators. These pluses show your business cares about its staff.

And as billionaire Richard Branson once said, “If you take care of your employees, they will take care of the clients.”

So, make your team’s well-being a priority beyond their time-worked!

Part-Time vs Full-Time Checklist

Even when armed with all the facts, it can be hard to put them into action. That’s why we created this handy and free part-time vs full-time checklist to help you evaluate the better fit.

How do you use it?

Simple. Whichever side has the most boxes ticked might be a better fit for your company. However, you should compare this with your overall company plans and project roadmap to get a fuller picture.

Part-time Full-time
⃞ I need this person to work less than 30 hours per week ⃞ I need this person to work more than 30 hours per week
⃞ I need flexibility in hours worked ⃞ I need reliability above flexibility in hours
⃞ I’m ready to pay overtime sometimes ⃞ I prefer a stable salary where I know which costs I will experience
⃞ My business is growing, and needs are not yet clear ⃞ My business is stable, and I can solidly identify the staff I need
⃞ I’m ok if my employee works somewhere else at the same time ⃞ I want my employee to be completely loyal to my company

Full-Time vs Part-Time Wrap-Up

Thanks for reading our guide to full-time vs part-time. We hope you learned the key factors of what this means for you and your business. 

Remember, keeping track of all those full and part time hours is no easy task, nor will the needs for full time vs part time workers be the same for every business. 

But no matter the industry you’re working in, from digital to traditional, Everhour is a simple solution to help manage your employees’ time. With our time tracker, you can:

  • Monitor employee working hours and decide whether to go full-time or part-time
  • Track and evaluate overtime for your team, helping make payroll a breeze at the end of the month
  • Optimize your business and boost productivity so that your business becomes even more effective
  • Learn which employees need in the future and predict your future hiring needs. 

We wish you the best of luck with your business. Get in touch with us to learn more about how Everhour can help you keep time and get results!

Do trade union representatives have the right to receive information from the employer?

The Labor Code of the Russian Federation (hereinafter referred to as the “Labor Code of the Russian Federation”) distinguishes three types of working time: normal, reduced and part-time.

According to Art. 91 of the Labor Code of the Russian Federation, , the normal duration of working hours cannot exceed 40 hours per week.

For certain categories of employees that are expressly provided for by law, reduced working hours must be established . Accordingly, for such categories of workers, the reduced duration will be the norm. That is, in this case, we can talk about a variety of normal working hours.

In addition to regular and reduced working hours, there is also part-time work . The duration of part-time work is less than normal and is established by agreement of the parties.

Although the actual length of reduced and part-time work may be the same, the two types of work are different. nine0003

1. Categories of employees

Shortened time: is set for certain categories of employees named in art. 92 of the Labor Code of the Russian Federation, other regulations (for example, minors, disabled people of group I or II, workers employed in harmful working conditions of the 3rd or 4th degree or dangerous working conditions).

Part time: can be entered for any employee, including those employees who have reduced working hours. nine0003

2. Mandatory

Shortened time : if the employee belongs to the categories for which the Labor Code of the Russian Federation or other regulations establish reduced working hours, the employer is obliged to establish reduced working hours.

Incomplete time: is optional, set by the parties. The initiator can be either an employee or an employer. However, the employer is obliged to establish part-time work at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member ( Article 93 of the Labor Code of the Russian Federation).

3. Working hours

Reduced hours : the length of the working day and week is established by the Labor Code of the Russian Federation or other regulatory act. A shorter duration can be established by an employment contract, a collective agreement, a local regulatory act of the organization.

Part-time: By agreement of the parties, any length of working time can be set (you can set part-time work or a week, or a combination of both). nine0003

4. Moment of establishment and validity period

Reduced time : set upon employment (or in the event of circumstances leading to the establishment of reduced working hours) for the entire duration of the employment contract.

Part-time: can be set at the conclusion of an employment contract or later on the initiative of either party. It can be established both without a time limit, and for any period agreed by the parties to the employment contract. If the regime is introduced at the initiative of the employer (part 5 of article 74 of the Labor Code of the Russian Federation), the maximum period cannot exceed 6 months. nine0003

5. Wages

Reduced time : in full.

Part-time: in proportion to the hours worked or depending on the amount of work performed.

Working day on the eve of the holiday: duration

28 March 2021

Average score: 5

іz 5

  • Topics:
  • The shape of the working hour

    nine0086

The Labor Code stipulates that on the eve of the holiday, the duration of work of employees with a five-day and six-day working week is reduced by one hour. Let us examine, in particular, under what conditions can a working day on the eve of a holiday be 8 hours?

  • Reduction of the working day on the eve of the holiday with a six-day working week0086
  • When the duration of work on the eve of the holiday may not be reduced

According to the first part of Article 53 of the Labor Code, on the eve of holidays and non-working days, the duration of work of employees, except for the employees specified in Article 51 of the Labor Code, is reduced by one hour for both five-day and six-day working week.

Please note! The pre-holiday working day is not reduced by one hour only for employees who, in accordance with Article 51 of the Labor Code, have reduced working hours. nine0003

Is working time shortened on the eve of a public holiday when working in shifts?

Reduction of the working day on the eve of the holiday with a six-day working week

The work schedule of some organizations involves a six-day working week with one day off (Sunday) with a working day, for example, from Monday to Friday – 7 hours, Saturday – 5 hours.

Therefore, if a holiday or non-working day (Article 73 of the Labor Code) falls on Sunday, then the duration of work on Saturday should be reduced by 1 hour and be 4 hours. If a holiday or non-working day falls on another day of the week, then the duration of work on the pre-holiday working day will be 6 hours. nine0003

Hours of work on the eve of the holiday for employees from a four-day working week

When part-time work (part-time work or a week) is established, labor is paid in proportion to the hours worked or depending on output (part 2 of article 56 of the Labor Code). Reduction of working hours on the eve of the holiday for such workers will lead to a decrease in wages.

Therefore, for part-time employees, the working day on the eve of a holiday or non-working day is not reduced. The same opinion was expressed in the letters of the Ministry of Social Policy, in particular, dated August 28, 2014 No. 395/13/116-14 and No. 397/13/116-14, dated 06/05/2015 No. 8403/0/14-15/10.

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When the duration of work on the holiday may not be reducedhours.

When calculating the balance of working time in an organization per year, it is necessary to take into account the norm of Article 53 of the Labor Code, therefore, for a year or for any other accounting period, the duration of work is reduced with a 40-hour working week by the corresponding number of working hours.