In modern conditions, the flexibility of labor relations is becoming increasingly important for both employees and employers. One of these forms of labor organization is part-time work - a mechanism that allows combining the interests of the parties without losing legal guarantees. Its use is especially relevant in cases where there is a difficult economic situation, the employee's need to care for the family or other life circumstances.
How does part-time work differ from short-time work, who and when can initiate its establishment, what options for such a regime are permissible, and what rights the employee retains – read further.
What is part-time work?
Part-time work is a flexible tool that allows you to avoid layoffs, support employees in crisis situations, and at the same time comply with legal requirements.
According to Article 56 of the Labor Code of Ukraine, part-time work may be established:
- in the form of short-time work (reduced daily work hours);
- part-time workweek (fewer working days per week);
- or both options simultaneously – by agreement of the parties.
The initiator of establishing part-time work can be both the employee (due to family or other circumstances) and the employer (due to a change in the organization of work or a difficult economic situation). In both cases, the conditions are recorded in the order and employment contract.
Changing the work schedule does not cancel labor guarantees and is not a basis for violating employee rights.
Grounds for establishing part-time work
The normal (full-time) working hours of employees cannot exceed 40 hours per week (Article 50 of the Labor Code, hereinafter - the Labor Code). Part-time working hours provide for a shorter standard of working hours, which is determined when concluding a collective agreement.
By agreement between the employee and the owner or the authorized body, a part-time working day or part-time working week may be established both upon hiring and subsequently.
Part-time work may be established both at the initiative of the employee and at the initiative of the employer in the following cases:
1) by agreement of the parties to the employment relationship (Part 1 of Article 56 of the Labor Code);
2) in connection with changes in the organization of production and labor (Part 3 of Article 32 of the Labor Code).
3) certain categories of employees at their request (Part 1 of Article 56, Article 186-1, Article 172 of the Labor Code), including: pregnant women; women who have a child under the age of fourteen; women who have a child with a disability, including one under their care; women who care for a sick family member in accordance with a medical certificate; parents raising children without a mother (including if she is on long-term treatment); persons with disabilities.
Letter of the Ministry of Social Policy No. 713/19/71-07 dated March 29, 2007 indicates options for establishing part-time working hours by reducing:
1) duration of daily work. For example, work every day from Monday to Friday from 09:00 to 13:00;
2) number of working days during the week. For example, working on Monday, Wednesday and Friday from 09:00 to 18:00;
3) both the number of hours worked during the day and the number of working days during the week. For example, working on Monday, Wednesday and Friday from 09:00 to 14:00.
Guarantees for employees
Part-time workers have the same rights as other employees. They can take full annual leave, count on paid sick leave and social insurance.
Remuneration is paid in proportion to the time worked or depending on output, but not less than the amount provided for by law.
Part-time work is not a reason for restrictions on career advancement, education, participation in trade unions, etc.
