Part-time or reduced working hours: what is the difference and how does it affect salary
Employees who work fewer hours than the established norm may be on part-time terms or have the right to reduced working hours. These concepts are often confused, but they have different legal grounds and affect the amount of salary differently.
Part-time working hours
According to Article 56 of the Labor Code of Ukraine (LCU), by agreement between the employee and the employer, a part-time working day or part-time working week may be established both at the time of hiring and during the course of employment relations.
Under such conditions, the employee works fewer hours than the full working time norm, and the salary is calculated:
- proportionally to the actual hours worked;
- or depending on the volume of work performed.
Certain categories of employees have the right to request part-time working hours. The employer is obliged to satisfy such a request, in particular, for:
- pregnant women;
- women raising a child under 14 years old or a child with a disability, including those under guardianship;
- employees caring for a sick family member according to a medical certificate.
If the employer initiates the transition to part-time working hours due to changes in the organization of production or labor, this is considered a change in essential working conditions.
During martial law, special rules apply: the employee must be informed about such changes no later than the day they are introduced. The general requirement of a two-month notice does not apply during martial law.
Reduced working hours
Reduced working hours are not a form of part-time employment. This is a state guarantee that provides for a reduced working time norm without reducing the official salary or tariff rate.
According to Article 51 of the LCU, reduced working hours are established, in particular, for:
- employees aged 16 to 18;
- employees engaged in work with harmful working conditions;
- certain categories of employees defined by law.
For medical workers, the norms of reduced working hours are defined by the order of the Ministry of Health of Ukraine dated May 25, 2006, No. 319.
For employees working in harmful conditions, the reduced working week is established in accordance with the resolutions of the Cabinet of Ministers of Ukraine No. 163 dated February 21, 2001, and No. 442 dated October 1, 1992.
Additionally, enterprises and institutions may, at their own expense, establish reduced working hours for certain categories of employees, including persons with disabilities, employees with children under 14 years old or a child with a disability, as well as single mothers and fathers.
As previously reported by the "Judicial and Legal Newspaper", the Labor and Employment Inspection of the Dnipro City Council explained why enterprises receive informational letters regarding the increase in the number of employees with part-time working hours. The basis for this was data from the Pension Fund of Ukraine.
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