Each person in his/her life may face a situation when it becomes necessary to establish a special regime for the implementation of labour activities. In this connection, you should get knowledge and understand what mode of organization of working time, according to the law, you have the right.
The terms “part-time work” and “short working day” have the same meaning for many. However, there are differences, and they are quite significant.
This and other issues related to the conduct of labour activities and the protection of the rights of workers in the territory of the Donetsk People’s Republic are regulated by the Code of Labour Laws of Ukraine (hereinafter – Labour Code), in the part that does not contradict the Constitution of the Donetsk People’s Republic.
Thus, the legislation provides for ensuring workers’ rights, one of which is the right to part-time work and short working day.
According to the Labour Code, the normal working time of workers is 40 hours per week. However, when concluding a collective agreement, enterprises and organizations may establish a shorter standard for the duration of working hours. But not everyone is able to work less than 40 hours a week. There is a certain list of privileged categories of citizens.
In accordance with Article 51 of the Labour Code, short working day may be granted to the following categories of persons:
- for employees aged 16 to 18;
- for persons between the ages of 15 and 16 (students between the ages of 14 and 15 who work during vacations);
- for workers employed in jobs with harmful working conditions;
- the legislation establishes short working hours for certain categories of workers (teachers, doctors, and others).
Also, it is worth drawing attention to the fact that the short working hours can be established at the expense of the own funds of enterprises, institutions, organizations for employees with children under the age of fourteen or a child with a disability, as well as for single mothers and fathers raising a child without a father (mother), including in the case of a long stay of the mother in a medical institution.
It is important to note that, despite the smaller number of hours worked (in comparison with the norm), the payment of workers, whose working hours are shorter, are paid in full.
In addition, clear restrictions on the duration of the working hours are set in relation to each of the listed categories of citizens, which the employer must comply with. That is, a personal schedule is formed according to which the duration of the working day is reduced to the required value.
However, on the eve of holidays and non-working days, the right to reduce the working time by one hour is granted to each employee, except for the categories of persons listed above.
Based on Article 56 of the Labour Code, by agreement between the employee and the owner or an authorized body, it can be established both when hiring, and subsequently part-time work or short working day. But in this case, the employee must understand that wage will be carried out in proportion to the hours worked. Also, the remuneration for the work done can be influenced not only by the time spent on it, but also by the amount of work executed.
At the same time, the head of the enterprise (organization) is obliged to establish this working day (working week) regime for the following categories of workers:
- pregnant women;
- women who have a child under the age of 14 or a child with a disability, including those under her care;
- who have to look after a sick family member in accordance with a medical report.
In other cases, employees are also not deprived of the opportunity to apply for a part-time (weekly) schedule, but the result will depend only on the decision of the immediate supervisor, since otherwise is not provided for by law.
It is very important to note that employees working on a part-time schedule are entitled to the same social guarantees (leave, contribution period, social benefits) as other employees of the enterprise. So, the work book does not indicate the form of employment of an employee.
Thus, the concepts of “part-time work” and “short working day” have different meanings, and, above all, this is the difference in wages.