Amendments to the Labour Code regarding the regulation of part-time work
This Federal Law is based on state authorities’ extensive work on incorporating legal acts of the USSR and the Russian Soviet Federative Socialist Republic, or particular provisions of such acts, into legislation of the Russian Federation.
Below we provide more detailed comments regarding the amendments that have been introduced.
Federal Law No. 125 introduces new provisions regarding the regulation of part-time work.
- It clarifies that it is possible to establish not only a “part-time working day” or a “part-time working week”, but both regimes simultaneously, including also splitting a working day into parts (Article 93 of the Russian Labour Code - the “Labour Code”).
- Federal Law No. 125 clarifies that a part-time work regime can be established for a fixed time period agreed by the parties to the employment contract, or for an unlimited period of time (Article 93 of the Labour Code).
- In the cases when the employer must establish a part-time work regime at the request of an employee of a particular category, it will be possible to establish such regime “taking into account the conditions of production (business) of such employer”. Additionally, it clarifies that the employer establishes a part-time work regime for the duration of the circumstances which served as a ground for such regime (Article 93 of the Labour Code).
The uncertainty with open-ended working day during part-time work has been eliminated (Article 101 of the Labour Code). This regime can be established when two conditions are met simultaneously:
- by mutual consent between the parties to an employment contract;
- in the case of a part-time working week, but with a full working day (shift).
- Employers will have a right not to provide a lunch break (a break for rest and meals) when the duration of the employee’s working time (shift) does not exceed four hours per day (Article 108 of the Labour Code).
- It has been clarified that work on weekends and public holidays (paid for and compensated in accordance with Article 153 of the Labour Code) is not classified as overtime work and should not be taken into account when overtime work is calculated (even if the duration of such work exceeds the established limit). In this case, all employees should be paid at an increased rate for the hours (between 0 and 24 hours) they have actually worked during a weekend or a public holiday (Articles 152 and 153 of the Labour Code).