years cannot exceed certain values for certain categories of workers. Consider how the duration of the work of employees is regulated, how the duration of the working day is fixed in the organization, what length of the working day is considered the norm, and which is the exception.
Working hours according to the Labor Code in 2016-2017
Labor Code of the Russian Federation in Art. 91 defines what working time is. This is the time when the worker must perform his job functions in accordance with the internal labor regulations (hereinafter referred to as PWTR), as well as the terms of the contract with the employer. This article does not fix the normal (common for all workers) length of the working day.
In Art. 94 of the Labor Code of the Russian Federation defines the maximum length of the working day for certain categories of workers. The maximum duration of work per day for ordinary workers who do not fall under these categories is not regulated by law. This feature of labor legislation was noted by the Ministry of Labor back in 2007 (letter of the Ministry of Labor “Multi-shift mode of work” dated 01.03.2007 No. 474-6-0).
The Labor Code of the Russian Federation fixed only the maximum duration of labor (weekly). Weekly work for any employees cannot be longer than 40 hours, and the uninterrupted weekly rest time must be at least 42 hours (Articles 94, 110 of the Labor Code of the Russian Federation).
IMPORTANT! Despite the fact that the maximum duration of daily work is not established by federal legislation, on July 29, 2005, the Chief State Sanitary Doctor of the Russian Federation approved the Guidelines for the Hygienic Assessment of Working Environment Factors ... No. Р.2.2.2006-05. According to the note to clause 3 of the Guidelines, if an employee works more than 8 hours a day, this must be agreed with Rospotrebnadzor.
Normal shift time
The Labor Code of the Russian Federation and the maximum time of daily work with a shift schedule are not discussed. Thus, there are cases when the length of the shift can be a whole day. This is not a violation - in any case, the weekly number of hours cannot exceed 40.
The establishment of 2 shifts per week for 24 hours is illegal, since in this case the weekly working time will be 48 hours. If the weekly working time exceeds 40 hours, it is necessary to negotiate with the employee whether he wants to work overtime. The optimal setting for one shift is 24 hours, and the second shift is 16 hours.
Based on the foregoing, the legislator has not established the normal length of a shift for general categories of workers, however, when fixing it, it is necessary to proceed from the maximum working time per week.
How the number of daily working hours is distributed depending on the number of working days in a week
In normal mode, the working week is usually five or six days. It is also possible to include fewer days in the working week - depending on the characteristics of a particular organization and the mode of work (Article 100 of the Labor Code of the Russian Federation). The five-day work schedule is considered a classic.
With a five-day work week, workers work 8 hours a day. Many personnel officers consider this mode of operation to be the most rational, since it has been proven that in this case maximum labor productivity is achieved. In addition, employees working under this scheme always have 2 days off, which most often fall on Saturday and Sunday, which has a beneficial effect on the efficiency of the organization.
A different distribution of working days in a week is also possible, for example, during shift work. In this case, days off often do not fall on Saturday and Sunday, are not tied to these days.
With a part-time work week, a worker can work even 1 day a week - it all depends on the number of his weekly working hours. For example, if there are only 5 of them per week, there is no point in stretching these hours for 5 working days, although this is not prohibited by law.
The employer himself decides how it is expedient to distribute the working hours allocated to the employee within the framework of the week. The main rule is that the total number of weekly hours of work should not exceed 40, and the weekly uninterrupted rest should not be less than 42 hours.
For some categories of workers, the maximum length of the working day is legally established. Consider which categories of workers this applies to and what is the maximum daily working time.
Working hours for minors
As mentioned above, the law does not set a general maximum number of hours per day for all categories of workers. At the same time, Art. 94 of the Labor Code of the Russian Federation establishes categories of workers who cannot work more than a certain number of hours a day. The same rules apply to the maximum duration of a shift in a shift schedule.
Minors are less protected than adults. Their body and psyche have not yet been fully formed, which was the reason for the legislator to fix for minors in Art. 94 of the Labor Code of the Russian Federation, reduced daily labor time (as well as reduced labor time per week, established in article 92 of the Labor Code of the Russian Federation).
Employees aged between 15 and 16 cannot work more than 5 hours per day (per shift). For those who have reached the age of 16, but have not reached the age of 18, the law prescribes the maximum duration of work, which is 7 hours a day (per shift).
For minors who work and study at the same time in schools or educational institutions of a different type, a shorter working day is fixed. For students aged 14-16 it is only 2.5 hours, and for students aged 16-16 it is 4 hours.
Working hours for people with disabilities
Disabled Art. 94 of the Labor Code of the Russian Federation prohibits working in excess of the daily norm, but does not establish the norm itself. This is due to the fact that each disease is individual, some disabled people can work without restrictions, and some do not have the opportunity to work at all.
Each disabled person, before employment or after receiving a disability, must contact a polyclinic that issues a medical certificate in accordance with the requirements of the order of the Ministry of Health and Social Development of Russia dated 02.05.2012 No. 441n, which approved the Procedure for issuing medical certificates and conclusions (Procedure). The conclusion contains an assessment of the health status of a particular disabled person based on the survey. According to paragraph 13 of the Procedure, the conclusion should contain conclusions about the presence of contraindications for the implementation of labor activity, study, and the compliance of the state of health with the work performed.
Thus, the doctor can limit the maximum daily work time of a particular disabled person or even prohibit work. The restriction or prohibition of the work of disabled people cannot be regarded as a restriction of the constitutional right of a person to work, since in this case such measures are aimed at protecting the individual.
The length of the working day of workers in hazardous and dangerous jobs
For workers in hazardous or hazardous work, art. 94 of the Labor Code of the Russian Federation limits the maximum daily (shift) working time. The extent to which working conditions are harmful or dangerous is determined by a special commission formed by the employer (Law “On the Special Assessment of Working Conditions” dated December 28, 2013 No. 426-FZ, Art. 9).
According to Part 1 of Art. 92 of the Labor Code of the Russian Federation, the norm of working hours per week for those working in hazardous and hazardous work is 36. At the same time, the weekly norm of working hours can be set by the head and in a smaller volume, in particular, 30 hours per week.
For those who work 36 hours a week, the maximum daily workload cannot exceed 8 hours. For those who work 30 hours a week, the daily load should be no more than 6 hours. At the same time, it is possible to conclude an agreement with employees on increasing the time of daytime (shift) work up to 12 and 8 hours, respectively.
Other categories of workers for whom the law determines the number of daily working hours
The law determines the daily norm of hours not only for the already listed categories of workers, but also for some others. The fixing of a specific norm in this case is not associated with the characteristics of the workers themselves, for example, their age, but is correlated with the specifics of a particular job or employment in several jobs.
Working hours are defined for:
- persons working part-time - no more than 4 hours a day; if on a particular day a part-time employee does not work at the main job, you can work full-time at an additional job (Article 284 of the Labor Code of the Russian Federation);
- workers on water vessels (seafarers) - 8 hours a day with a five-day week (clause 6 of the regulation on the features of the regime ... workers of a floating train ... ”, approved by order of the Ministry of Transport dated May 16, 2003 No. 133);
- women working on ships in the regions of the Far North - 7.2 hours a day (paragraph 6 of the provision indicated above);
- minors from 17 to 18 years old working on ships - 7.2 hours a day (clause 6 of the provision referred to above);
- drivers with a 5-day work week - 8 hours a day, with a 6-day work week - 7 hours (clause 7 of the regulation on the peculiarities of working hours and rest time for car drivers, approved by order of the Ministry of Transport on 20.08.2004 No. 15).
part-time work
The possibility of establishing part-time work is established in Art. 93 of the Labor Code of the Russian Federation. The manager can fix both a part-time work week and part-time work. No one forbids combining a part-time work week with part-time work, for example, a 3-day week of 5 working hours.
Part-time work is the result of an agreement between the employee and the manager. As a general rule, an employer has the right to refuse an employee to satisfy his application for a part-time transfer. However, Part 1 of Art. 93 of the Labor Code of the Russian Federation provides for cases when the boss does not have the right to refuse an employee to work a limited number of hours a day or days a week.
The above applies to the following categories of workers:
- pregnant women (part 1 of article 93 of the Labor Code of the Russian Federation);
- parents (guardians or trustees) of a minor child or a disabled minor (part 1 of article 93 of the Labor Code of the Russian Federation);
- workers caring for a sick family member (if there is evidence - a medical report) (part 1 of article 93 of the Labor Code of the Russian Federation);
- employees who are on parental leave (Article 256 of the Labor Code of the Russian Federation).
IMPORTANT! With part-time work, only those hours and days that were worked are paid, that is, wages are reduced (compared to the usual 40-hour work week). Leave and seniority are calculated in the same way as in the general case.
Working hours before weekends and holidays
Before weekends and holidays (non-working), working hours should be reduced by 1 hour. This is an imperative requirement of Art. 95 of the Labor Code of the Russian Federation. Meanwhile, the article also provides an exception to the rule.
So, if it is impossible to establish a shortened day in the organization on the eve of weekends or holidays, since the activity is continuous, it is allowed to transfer this rest time to another time or monetary compensation to employees (the rules for paying overtime work apply).
If the organization has a six-day working day, the working time on the holiday or the day before the day off cannot be more than 5 hours. There are no similar rules regarding the five-day working day.
An indicative list of shortened days is established by Section 1 of the Rostrud Recommendations on Compliance with Labor Legislation No. 1 of June 2, 2014.
How to fix the length of the working day for all employees of the organization or a specific employee?
The procedure for fixing the length of daytime working time in an organization depends on whether it is established for one worker or for the entire team. The mode of operation common to all is fixed in the PVTR.
IMPORTANT! If all workers work in the same mode, then the number of working days and days off, working hours per day can be fixed exclusively in the PWTR, without duplicating information in labor contracts, since there is no practical sense in this. In this case, the contracts can make a typical reference to the PWTR, which determine the mode of operation.
A different situation arises when for some workers a different duration of daily working hours is established than for all others. In this case, this information should be indicated in the employment contract with a specific employee (part 1 of article 57 of the Labor Code of the Russian Federation).
When an employee is involved in part-time work, the procedure for hiring practically does not differ from the general one. There are two differences. Firstly, in the employment contract, the mode of operation of this employee is signed, and secondly, in the order for employment, a note is made that the employee has been hired part-time.
In order to change the working hours of a particular employee, an appropriate additional agreement is concluded to the employment contract, which indicates the new mode of work.
So, the total (normal) daily duration of work of workers has not been established. At the same time, based on the 40-hour work week and the number of working days, each manager has the opportunity to calculate the optimal number of daily working hours for workers in the organization. At the same time, one should not forget that for some categories of workers it is impossible to set a working day more than a certain number of hours.
New edition Art. 91 Labor Code of the Russian Federation
Working hours - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time.
Normal working hours may not exceed 40 hours per week.
The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established length of working time per week, is determined by the federal executive body that performs the functions of developing state policy and legal regulation in the field of labor.
The employer is obliged to keep records of the time actually worked by each employee.
Commentary on Article 91 of the Labor Code of the Russian Federation
Working time consists of the hours actually worked during the day. It may be less or more than the duration of work established for the employee. Working hours include other periods within the norm of working hours when work was not actually performed. For example, paid breaks during the working day (shift), downtime through no fault of the employee.
The length of working time is, as a rule, established by fixing the weekly norm of working time.
The maximum limit of working hours is established by law, thereby it limits the length of working hours. Article 37 of the Constitution of the Russian Federation, fixing in paragraph 5 the right to rest, indicates that a person working under an employment contract is guaranteed the length of working time established by federal law.
The Labor Code assigned section IV to working time, consisting of two chapters (15 and 16).
Article 91 of the Labor Code of the Russian Federation defines working time.
Working time - the time during which the employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulatory legal acts, are related to working time. Based on this, it is in the rights of the parties to labor relations to determine the boundaries of working time, to establish the beginning of the working day, its end, the time for a lunch break, as well as the working time regime, through which the working time standard established by the current legislation is ensured.
The Code emphasizes that normal working hours cannot exceed 40 hours per week. This maximum working time applies to the vast majority of workers and is therefore considered in the legal aspect to be a universal measure of labor.
The significance of the limitation of working hours by law is that:
1) ensures the protection of the health of the employee from excessive overwork and contributes to the longevity of his professional ability to work and life;
2) for the working time established by law, society, production receive from each worker the necessary definite measure of labor;
3) allows the employee to study on the job, improve their skills, cultural and technical level (develop personality), which, in turn, contributes to the growth of the employee's labor productivity and the reproduction of a skilled workforce.
The time during which the employee, although he does not fulfill his labor duties, but performs other actions, includes periods of time that are recognized as working time, for example, downtime through no fault of the employee. So, for example, in accordance with Article 109 of the Labor Code of the Russian Federation, special breaks for heating and rest are included in working hours, provided to employees working outdoors in the cold season (for example, construction workers, assemblers, etc.) or closed unheated premises, as well as loaders engaged in loading and unloading operations. The temperature and strength of the wind, at which this type of break must be provided, is determined by the executive authorities. The specific duration of such breaks is determined by the employer in agreement with the elected trade union body.
Breaks for industrial gymnastics must be provided to those categories of workers who, due to the specifics of their work, need active rest and a special set of gymnastic exercises. For example, drivers are entitled to such breaks 1-2 hours after the start of the shift (up to 20 minutes) and 2 hours after the lunch break. With regard to any other categories of employees, the issue of granting them such breaks is decided in the internal regulations.
According to Article 258 of the Labor Code of the Russian Federation, additional breaks for feeding a child (children) are included in working hours, provided to working women with children under the age of one and a half years, at least every three hours of continuous work lasting at least 30 minutes each. Breaks for feeding children are included in working hours and are payable in the amount of average earnings.
As a rule, working hours include periods for performing the main and preparatory and final activities (preparation of the workplace, receipt of an order, receipt and preparation of materials, tools, familiarization with technical documentation, preparation and cleaning of the workplace, delivery of finished products, etc.) provided by the technology and organization of labor, and does not include the time spent on the road from the checkpoint to the workplace, changing clothes and washing before and after the end of the working day, lunch break.
In the conditions of continuous production, the acceptance and transfer of a shift is the responsibility of shift personnel, provided for by the instructions, norms and rules in force in organizations. The transfer and acceptance of the shift is due to the need for the employee receiving the shift to get acquainted with the operational documentation, the state of the equipment and the progress of the technological process, to accept oral and written information from the employee handing over the shift to continue the technological process and equipment maintenance. The specific duration of the transfer-reception of a shift depends on the complexity of the technology and equipment.
At the same time, given that Article 91 of the Labor Code of the Russian Federation gives the parties to labor relations the right to determine the principles for regulating working hours themselves, the issues of including the above time periods in working hours should be decided by them independently. The adopted decision is fixed in the rules of internal labor regulations approved in accordance with the established procedure.
Normal hours of work may not exceed 40 hours per week, either on a five- or six-day working week. This is the norm of working hours established by law (Article 91 of the Labor Code of the Russian Federation), which must be observed by the parties to the employment contract (employee and employee) throughout the Russian Federation, regardless of the organizational and legal form of the enterprise, type of work, duration of the working week. Normal working time is a general rule and applies if the work is performed under normal working conditions and the persons performing it do not need special labor protection measures; applies to manual and manual workers. Normal working hours should be of such duration as to preserve the possibility of life and work. Its duration depends on the level of development of the productive forces.
It should also be taken into account that the normal working hours established by Article 91 of the Labor Code of the Russian Federation apply equally to both permanent and temporary seasonal workers, to workers hired for the duration of certain work (Articles 58, 59 Labor Code of the Russian Federation), etc.
The legislator provides for the obligation of the employer to keep records of the time actually worked by each employee. The main document confirming such accounting is the time sheet, which reflects all work: daytime, evening, night hours of work, hours of work on weekends and holidays, overtime hours of work, hours of reduction of work against the established length of the working day in cases provided for legislation, downtime through no fault of the employee, etc.
It is necessary to distinguish between the duration of working hours during the day and the norms of working hours. The duration of the working week is calculated from seven hours of the duration of the working day, the length of working time during the day may be different.
In addition to normal working hours, the Labor Code of the Russian Federation regulates the issues of reduced working time, part-time work, irregular working hours, overtime work, etc.
Another commentary on Art. 91 of the Labor Code of the Russian Federation
1. Article 91 of the Labor Code, firstly, contains a definition of working time, secondly, establishes its maximum duration and, thirdly, indicates the obligation of the employer to keep records of working hours.
2. The definition of working time, given in Part 1 of Art. 91 of the Labor Code, is based on the concept of working time that has developed in the Russian science of labor law and focuses on the factor of duty: the time during which the employee must perform labor duties can be attributed to the worker. In the definition, in essence, two different concepts are identified: working time as such and its norm. It must be borne in mind that the actual hours worked may not coincide with the norm of working hours established by the internal labor regulations or the employment contract. Work in excess of the working hours established for the employee is also considered working time with all the ensuing legal consequences, even if the employer involved the employee in such work in violation of the law and the employee was not obliged to perform it. In such cases, one should be guided by the definition of working time, which is given in ILO Convention No. 30 (1930), where working time is understood as the period during which the worker is at the disposal of the employer. Similar definitions of working time are given in ILO Conventions Nos. 51, 61.
3. Art. 91 of the Labor Code of the Russian Federation emphasizes that other periods are also included in working hours, which, in accordance with the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time. Such periods are special breaks for heating and rest, breaks for feeding a child (see Articles 109, 258 of the Labor Code of the Russian Federation and commentary on them).
The collective agreement may also establish other periods relating to working time.
4. Norm of working hours - the number of hours that an employee must work during a certain calendar period. The basis for determining the norm of working time is the calendar week. Based on the weekly norm, if necessary, the norm of working time for other periods (month, quarter, year) is established.
5. For a long period, until 1992, in our country, the state established strict working time standards that were mandatory for the parties to an employment contract. The legislation explicitly stated that the norms of the length of working hours could not be changed by agreement between the administration and the trade union committee or on the basis of an agreement with the worker and employee, either upwards or downwards. Exceptions to this rule were established in the law itself.
Modern Russian labor legislation - in accordance with the Constitution of the Russian Federation and international legal acts to which Russia has acceded - assigned to labor legislation in the field of regulation of working time the function of labor protection, implemented by establishing the law of the maximum measure of labor, which employers neither independently nor according to by agreement with the representative bodies of employees or with the employees themselves, they cannot exceed (exceptions to this rule are allowed only in cases established by law - see Articles 97, 99, 101 of the Labor Code of the Russian Federation and commentary thereto). The specific norm of working time is established by a collective agreement or agreement and may be lower than this limit norm (see article 41 of the Labor Code of the Russian Federation and commentary thereto).
6. The normalization of working hours is carried out taking into account working conditions, age and other characteristics of employees and other factors. Depending on the established duration of working hours, labor legislation distinguishes the following types of it:
a) normal working hours;
b) reduced working hours (Article 92 of the Labor Code of the Russian Federation);
c) part-time work (Article 93 of the Labor Code of the Russian Federation).
7. Normal working time is the length of working time applied if the work is performed under normal working conditions and the persons performing it do not need special labor protection measures. Article 91 of the Labor Code of the Russian Federation defines the limit of normal working time at 40 hours a week. Within these limits, the normal duration of working hours is established by the collective agreement, agreements. In cases where a collective agreement was not concluded or the condition on the duration of work was not included in the collective agreement, the maximum norm established by law, 40 hours a week, acts as the real norm of working time.
8. Accounting for the time actually worked by each employee must be kept in organizations of all organizational and legal forms, except for budgetary institutions, according to the forms T-12 "Time sheet and payroll calculation" or T-13 "Time sheet", approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 N 1. Accounting for the working time of each employee working under an employment contract must be kept by the employer - an individual entrepreneur.
According to the Labor Code of the Russian Federation. This feature is extremely important for all frames. After all, in which case you can complain about your boss or earn some extra money, and it’s completely legal. When determining working time, it is worth considering the scheme for performing (mode) of the actions provided for in the employment contract. So what awaits the modern employees of a particular company in Russia?
Definition
So, the first step is to understand what specific period of time we are talking about. What is working time? The definition of this term plays an important role in the preparation of the work schedule.
So, working time is called the periods of performance of job descriptions by certain employees, as well as other time periods that can be attributed to work (for example, business trips). We can say that our today's concept is the period in which a person works (goes to work).
As a rule, the work schedule plays an important role on working hours. Depending on it, the norms for finding the performance of official duties per day are established.
How time is counted
Some are interested in how the employer should monitor the length of time spent at work. According to modern legislation, each boss must keep records of the periods worked for each subordinate. If he does not do this, you can complain. And then the employer will be held accountable.
Typically, accounting is based on the length of the working day. If for some reason you took a day off or missed work, everything should be recorded. Therefore, do not think that accounting is only for the benefit of subordinates.
Graph types
Time modes may vary. They are set at the discretion of the employer. Each of them has its own characteristics. What forms of work can be distinguished?
First, a little about the shift schedule. It is usually used when the production / operation of enterprises goes beyond the "framework" of the duration of work by employees per day. That is, when the maximum allowable operating time is exceeded. Under such circumstances, the entire working day is divided into 2-3 shifts. There may even be night periods.
There is also a flexible schedule. It allows employees to independently control their employment. Only the fact of hours worked is recorded. This form of labor is also called. In fact, you are obliged to work out the term set by employers, but you can perform official duties in a day at any time.
Some citizens may come across such a concept as the Labor Code of the Russian Federation provides for the definition of this term. It refers to the episodic involvement of employees in the performance of official duties. The most disliked form of work.
In principle, these are all the main modes of performing work duties. You can also encounter concepts such as side work. They also have their own characteristics. But not too significant.
Dependence on the category of citizens
The duration of working hours according to the Labor Code of the Russian Federation depends not only on the selected mode of operation. There is one more thing - this is the category of employees. Or rather, their age. Of course, the type of work is also taken into account. For personnel who are engaged in harmful or dangerous production, the performance of job descriptions per day is less.
Please note that the working day will be different for schoolchildren, ordinary minors who do not study anywhere, as well as for adults. This is an important point, which is also spelled out in the Labor Code. It is necessary to pay close attention to it. Indeed, often the age of the employee is not taken into account!
In Week
The main limitation is the rate of fulfillment of job descriptions (regardless of the mode of work) per week. You can exceed it, but only with certain conditions. So how much can you work in this or that case per week?
According to the established rules (Article 91 of the Labor Code), for all adult citizens, the norm is 40 hours. In other words, for 7 days this or that frame can work as much as possible. But the length of the working day depends on the mode of work and the frequency of performing official duties.
You need to work less in hazardous and hazardous production. Just 36 hours a week. All minors who have reached the age of 16 can work the same amount. Disabled people are also entitled to reduced work. They must work only 35 hours. That's not all! Children under 16 may not work more than 24 hours per week.
It is also worth paying attention to the fact that during school hours, all students cannot perform official duties for more than half of the previously established norms. That is, in the period of 16-18 years, during training, one cannot work more than 18 hours, and before the age of sixteen - more than 12.
per day (adults)
How many people should work per day on average? It is worth paying attention to adult employees first of all. There are most of them in Russia. It has already been said that the most common scenario for the development of events is a shift work schedule. The duration of a shift cannot exceed 8 hours. This restriction applies to all citizens. In this case, you will have to work 5 days a week.
For citizens employed in hazardous industries, their own restrictions also apply. Their shifts can be 8 hours (with a 36-hour working week) and 360 minutes (with 30 hours of work in 7 days). The same rules apply to personnel performing hazardous work.
How to be disabled? Their hours of work per day are determined by medical indications. This feature has to be taken into account. Of course, you can not exceed the total weekly norms. Otherwise, you can complain to the employer.
Minors
Now you can pay attention to the staff who are not yet 18 years old. Labor of minors has many features. Employers should approach the study of this issue with special responsibility.
The working day of minors depends on their age and on the fact of training. If the child does not study, then a day (up to 16 years old) he has the right to work for 5 hours, after the age of sixteen - 7 maximum. But during training, you will have to work a maximum of 2.5 and 3.5 hours, respectively. And no more.
Before holidays and weekends
Shift work (like any other) is usually reduced in anticipation of weekends or non-working days. Usually 60 minutes are taken from the established norm. This means that, on average, an adult citizen will perform his official duties not for 8, but for 7 hours. If we are talking about 6 days of work per week, then you can work no more than 5 hours.
What about organizations that have to work constantly? In this case, work on holidays or official days off is either paid double, or the rest is transferred to any other day. The second option is the most common in practice. Therefore, if you worked on any holiday and did not receive additional payment, you can demand either monetary compensation (it is usually issued in double the amount) or a day off when you wish. They simply do not have the right to refuse you. That is why it is so important to keep records of the periods worked for each subordinate.
night shifts
So, the average working day for the average subordinate is 8 hours. But what if you need to fulfill your work obligations at night? In this case, your shift is reduced by an hour. That is, if you usually work 8 hours, you can leave your work 60 minutes earlier. The exception is cases when personnel are hired specifically for work on night shifts.
What time is considered night time? According to the Labor Code, this is the interval between 22:00 and 06:00. So it turns out the 8-hour limit established by law. Attention, not everyone can work at night! Who is banned?
Underage citizens and pregnant women should not work at night under any pretext. Disabled people are also not allowed to work at night. Not at 7 o'clock, not at 1 o'clock.
part time job
In some cases, employees remain to work more than the established time of their own free will. This work is called labor. In this case, the working hours per day are increased. As a rule, at the discretion of the subordinate. Only with certain restrictions.
The thing is that part-time work per day can be a maximum of 4 hours. You can stay for such an act for no more than 16 hours or a week. This type of increase in earnings is not very common. Usually the employer himself forces to stay for additional performance of work duties.
overtime work
This is called overtime work. It also has its own limitations. Usually, overtime is left only with the written consent of the subordinate. Otherwise, it is impossible to leave citizens forcibly to perform work duties. By the way, both part-time work and overtime work are recorded in the total time accounting, which should be for each subordinate. Depending on his performance, your salary will be calculated.
What are the restrictions in this case? The duration of working hours according to the Labor Code of the Russian Federation in case of overtime work can be increased by 4 hours to the maximum. At the same time, it is worth considering that it is impossible to work in this form for more than 2 days in a row.
This is what employers love. Many believe that in this way you can leave subordinates to work extra time as many times as you like. But even here the legislation provided for its own peculiarities. It doesn't matter if you have a flexible schedule or not. But per year, at the initiative of the employer, you should not stay at the workplace for more than 120 hours to perform official duties. This is 30 days on average, assuming your day is extended by 4 hours of overtime work.
Employee Restrictions
Remember, not all employers can leave on their own initiative at work additionally. The thing is that minors cannot be left overtime under any pretext. Neither with the permission of the parents, nor with the personal consent of the subordinate. It's illegal. Pregnant women are also subject to restrictions.
But disabled people can be involved in overtime work. The same applies to women who have children under 3 years of age. In this case, it is necessary to take their written consent to additional work. Remember, these categories of subordinates have every right to refuse to perform overtime duties without explanation. No one has the right to force such a plan.
Conclusion
Now it is clear what the length of the working day in hours is set in this or that case. There is also such a thing as a free schedule. It usually refers to the free labor of subordinates. They are given work for a certain period of time. And they themselves must shape their day so that everything is done by the specified date. It doesn’t happen too often, usually freelancers work like this.
As you can see, not everything is as difficult to understand as it seems. What is the average working day? Hours established by law depend on many indicators. But in general, it is, as already mentioned, 8 hours.
In practice, these rules are usually violated. Both employers and employees. In some cases, even underage cadres constantly work 10-12 hours during non-school hours in order to receive decent pay for their work. Don't be afraid to file complaints against your employer if your work rights are being violated. If you are sure that the accounting of the time spent performing work duties is not carried out, or it is carried out with a "fit" that is beneficial to the authorities, stock up on evidence of the time period actually spent at work. The duration of working hours according to the Labor Code of the Russian Federation must be observed without fail!
- Appendix N 1. Duration of working hours (norms of hours of pedagogical work for the wage rate) of pedagogical workers
Order of the Ministry of Education and Science of the Russian Federation of December 22, 2014 N 1601
"On the duration of working time (norms of hours of pedagogical work for the wage rate) of pedagogical workers and on the procedure for determining the teaching load of pedagogical workers, stipulated in the employment contract"
With changes and additions from:
3. Recognize invalid the order of the Ministry of Education and Science of the Russian Federation of December 24, 2010 N 2075 "On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers" (registered by the Ministry of Justice of the Russian Federation on February 4, 2011, registration N 19709).
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D.V. Livanov |
The duration of the working hours of teachers has been revised (norms of hours of pedagogical work for the wage rate). The provisions of the new Law on Education and the changes made to the Labor Code of the Russian Federation were taken into account.
As before, reduced working hours are provided for no more than 36 hours per week.
The specific duration of working time (the norm of hours for the salary rate) depends on the position and (or) specialty of the teacher.
So, the norm of 20 hours a week is set for teachers-defectologists and speech therapists, 24 hours - for music directors and accompanists, 25 hours - for educators directly involved in training, education, supervision and care for students (pupils) with disabilities , 30 hours - for physical education instructors, etc. For school teachers, the norm has not changed and is 18 hours a week.
For the first time, the procedure for determining the teaching load of pedagogical workers, stipulated in the employment contract, is prescribed.
Order of the Ministry of Education and Science of the Russian Federation of December 22, 2014 N 1601 "On the duration of working hours (norms of hours of pedagogical work for the wage rate) of pedagogical workers and on the procedure for determining the teaching load of pedagogical workers, stipulated in the employment contract"
This Order shall enter into force 10 days after the date of its official publication.
Work time- part of the calendar time spent on the production of products or the performance of a certain amount of work and services.
Working time is an indirect cost estimate. For an individual worker, working time is usually measured in hours and days. For a set of employees - in man-days, man-hours. A worked man-day is considered the day on which the employee came to work and started it. Man-hour worked is the hour of actual work of one employee. In fact, a man-hour counted as worked does not always consist of 60 minutes of work. Small breaks in work are identified with the help of timekeeping and photographs of the working day.
The concept of working time and its duration is used, as a rule, in economic and legal aspects. In the legal aspect, working time is the time established by law or on its basis, during which employees, in accordance with the rules of internal labor regulations, must perform the work assigned to them or other labor duties.
Working hours should be distinguished from actual hours worked.
- Firstly, the actual time worked is the time during which the employee actually participates in the labor process;
- Secondly, remuneration should be made for the actual time worked spent on the performance of any labor operations. It can coincide, be more or less than working time;
- Thirdly, in contrast to the actual violation of the working hours, labor legislation provides for the imposition of certain sanctions.
Normal working hours workers at enterprises, institutions, organizations may not exceed 40 hours per week. This rule applies to employees of all enterprises, regardless of the form of ownership, except for those for whom, in order to protect their health, reduced working hours are provided.
The regulation of working time in a number of industries has its own characteristics. These features are reflected in government decrees, departmental and local regulations.
Employees have a five-day work week with two days off. The duration of daily work is determined by the internal regulations or shift schedules of the enterprise. However, if the introduction of a five-day working week is impractical due to the nature of production and working conditions, a six-day working week with one day off is established.
On the eve of public holidays, the working hours of employees, except for those for whom reduced working hours are established, are reduced by one hour for both a five-day and a six-day working week.
On the eve of the weekend, the duration of work with a six-day working week cannot exceed 6 hours.
Half-holiday
Along with normal working hours, labor legislation provides for reduced working hours, part-time work, irregular working hours.
Reduced hours of work is established for certain categories of workers and is determined, as a rule, by working conditions, age, physiological characteristics and a number of other factors. So, for workers aged 16 to 18, the working time is set to no more than 36 hours per week; at the age of 15 to 16 years - no more than 24 hours a week; for students aged 14 to 15 working during the holidays - no more than 24 hours a week; for workers employed in jobs with harmful working conditions - no more than 36 hours per week.
Reduced hours of work no more than 36 hours per week) is also established for a number of categories of workers provided for in the list of industries, workshops, professions and positions with harmful working conditions, for example, for cooks working at the stove, confectioners directly employed at confectionery ovens; for persons combining work with education in educational institutions, etc.
In addition, reduced working hours are established for certain categories of workers whose work is associated with increased intellectual and nervous tension (teachers, lecturers, educators and other pedagogical workers - 18 - 36 hours a week); for women working in rural areas (36-hour week); for disabled people of groups I and II, regardless of the enterprises they work at, a 36-hour work week is established.
Under part-time work refers to working time that is at least 1 hour shorter than the established shift duration, and part-time working week is understood to mean working time that is at least 1 day shorter than the established working week duration.
Both part-time work and part-time work week are established by agreement between employees and the administration when they are hired, as well as during work. Payment is made in proportion to the hours worked or depending on the output (revenue).
However, if the initiative to establish part-time work or its cancellation comes from the employer, he is obliged to notify the employee about this two months in advance, since working conditions change significantly.
Part-time work does not entail any restrictions on the duration of annual leave, the calculation of seniority and other labor rights for employees.
It should be borne in mind that part-time work is different from reduced. The main difference is in wages. So, if during part-time work, work is paid, as already mentioned, in proportion to the hours worked or with piecework pay depending on output, then with reduced working time, remuneration is made in full, established by law for certain working conditions or categories of workers.
For management, administrative and managerial, economic personnel, as well as for persons whose working hours due to the peculiarities of their working conditions cannot be accurately recorded, an irregular working day may be established. These include heads of enterprises, their deputies, etc.
For employees with irregular working hours the basic provisions of normal working hours apply. They can be involved in work beyond the established working hours only in individual cases, when the work performed requires it, without additional payment. The procedure for compensation for overtime for workers with irregular working hours may be established in collective agreements or in local acts of the head of the enterprise.
Overtime is considered work in excess of the established working hours, and they, as a rule, are not allowed, except for exceptional cases provided for by law (Article 99 of the Labor Code). Work is recognized as overtime, regardless of whether it was part of the employee's normal duties or the employee performed another task entrusted to him by the administration.
Overtime work can be applied only with the consent of the employee and should not exceed 4 hours for each employee for two consecutive days and 120 hours per year.
When working at night from 10 pm to 6 am) the established duration of work (shift) is reduced by one hour. Employees with a reduced working day, when working at night, are not further reduced working hours.
The following are not allowed to work at night: pregnant women and women with children under the age of three; workers and employees under the age of 18 and some other categories of workers (Article 96 of the Labor Code).
The duty of workers at enterprises and institutions is established to ensure control over compliance with the order and prompt resolution of some issues related to this. They are introduced after the end of the working day, on weekends and holidays in exceptional cases and only in agreement with the trade union body. The duration of duty or work together with duty may not exceed the normal length of the working day. Employees should not be allowed to be on duty more than once a month.
Duty on holidays is compensated by the provision of a day off of the same duration as the duty for the next ten days. Upon dismissal of an employee who has not received time off for duty, time off is provided until dismissal.
It is not allowed to compensate for duty with money, an increased amount of time off (for example, two days off for one day of duty) and lengthening the leave, as well as summing up days off in order to use them in a row.
It is prohibited to involve adolescents, pregnant women, nursing mothers, mothers with children under 12 years of age, and the disabled on duty on weekends and holidays.
Labor law provides two main types: weekly and summed. When weekly, the time spent by the employee during each calendar week is taken into account, when summarized, the time worked during a certain calendar period as a whole (month, quarter, year). Aggregated accounting of working time for a monthly or quarterly period is allowed only in cases where it is not possible to determine the weekly length of working time.
