For example, a four-hour schedule on Monday and Thursday. Prior to this, Article 93 of the Labor Code of the Russian Federation allowed to reduce either a week or days. Also, in article 93 of the Labor Code of the Russian Federation, from June 29, 2017, a rule appeared that an employee can be assigned a part-time job by dividing it into parts. For example, two hours in the morning and three hours in the evening. Previously, there were no such provisions in the Labor Code of the Russian Federation. Here is how part one of Article 93 of the Labor Code of the Russian Federation is read after amendments are made to it: When it will be necessary to take into account the wishes of employees An employer can transfer any employee to work with a part-time schedule at his request. However, in some cases, the employer is obliged to establish a part-time work regime for the employee.
Features of working hours according to the shopping mall of the Russian Federation
TC RF). During the week, working time must be distributed in such a way that its total duration does not exceed the named limit. Most often you can find such an option - an eight-hour working day with a five-day working week with days off Saturday and Sunday. However, in addition to the normal working hours, part-time working hours may be established.
Part-time work involves part-time work during the week, or during the working day or shift. The issues of establishing part-time work are regulated by Article 93 of the Labor Code of the Russian Federation. An example of establishing part-time work An employee is employed not for five working days, but for four or not eight hours per shift, but six.
Part-time: how it can be set From June 29, 2017, employers have the right to simultaneously set an employee for a part-time day and week.
Labor code rf 2017 working hours how much per month
The employee has the right to rest, which includes, among other things, the normal duration of work, as well as:
- breaks in work during the work shift (including for meals);
- rest between shifts;
- weekends and holidays;
- holidays.
These are types of rest time according to the Labor Code of the Russian Federation. Let's consider them in more detail. Inter-shift rest The employer is obliged to comply with the provisions governing the length of the working day (shift) (Articles 21, 22, Chapter 15 of the Labor Code of the Russian Federation). The normal duration of working shifts per week, as a general rule, should not exceed forty hours.
The specific norm of daily work under the Labor Code and the corresponding rest time are regulated by a by-law. Based on paragraph 1 of the Procedure approved by the Order of the Ministry of Health and Social Development of the Russian Federation of August 13, 2009 N 588n, with a five-day and 40-hour working week, the duration of the shift is eight hours.
Rest time according to the labor code
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. Working hours are set taking into account the wishes of representatives of the above categories, taking into account production conditions. Such a mode of work is not noted in work books. Part-time working hours can also be established at the initiative of the manager (for example, for the purpose of organizational changes) with the consent of the trade union body. Working hours of doctors according to the Labor Code Medical workers are a special category.
The quality of their services can be significantly reduced as a result of processing. Therefore, a week of working time is set for them according to the Labor Code of the Russian Federation, reduced by 1 hour (duration 39 hours).
Labor Code of the Russian Federation of 2018 (TC RF edition 2017-2018)
Classification of types of working time according to the Labor Code There are different types of time spent on work: normal (40 weekly working hours), reduced, incomplete, irregular. The working day is:
- normal duration - usually 8 hours (standard);
- incomplete volume;
- shortened duration;
- with a duration that is not included in the standard (overtime, irregular work).
For information There are also other versions of the working day, developed in the collective agreement of the enterprise. Norm of working hours The norm of working hours according to the Labor Code of the Russian Federation (Article 91) is the number of hours worked out by agreement for a certain calendar period.
The maximum norm not subject to violation is established by law. Exceptions are also possible in statutory cases.
Article 94. Duration of daily work (shift)
For example, a medical examination before the driver leaves for the line. Preparatory activities do not include: time from home to work, changing clothes, lunch time. Establishment of working time norms Working time is coordinated according to the VTR and the collective agreement. A schedule is being developed, alternative modes of operation, their volume is individually incomplete, reduced.
Attention
All coordination issues in the schedule are determined by orders. Information about the actual hours worked is covered in the time sheet. Attention When establishing the necessary working intervals, it is important to comply with the norms of federal legislation and correctly draw up regulations.
The optimal development and establishment of labor time directly affects the return, maintains efficiency, prevents fatigue, which leads to mistakes, and has a bad effect on health. That's why it's so important to follow the rules.
Working hours according to the Labor Code 2017
An alternative day of rest (or several) may be provided upon request. In this case, the amount of payment (single) is due only for the worked (initially non-working) day. Nuances Each of the concepts of working time covered has a lot of nuances.
For example, flexible working hours. Many subtleties are taken into account in the total accounting of labor time, seasonal work, during the probationary period, and in other cases. The nuances may have legal, professional specifics and be reflected in the employment contracts of specific enterprises. For information An individual leader, based on a 40-hour week determined by law, has the right to calculate the best options for daily time for work. At the same time, we must not forget about the norms of the law, not exceeding the duration for certain categories of workers. Working time is the most important parameter of the labor process.
The labor law today establishes two options for paying employees for the work - based on the amount of work performed (piecework payment) and based on the temporary duration of work (time payment). However, most employees still receive their remuneration in accordance with the hours worked. If you do not delve into the details of establishing and accounting for this very time, everything seems extremely simple: you work five days a week, you get a salary. But in reality, everything is much more complicated - the law sets many frameworks and conditions for the principles of fairness, equality and health protection of workers to be observed.
Fundamentals of the distribution of labor time
Working hours - a measure of wages
The legislative basis for the distribution of labor time is laid down in Chapter 15 of the Labor Code. By labor time, the law refers to the totality of time intervals for the performance by an employee of his official duties for a certain period (day, month, quarter, etc.). At the same time, in order to ensure a fair distribution of labor time, and, accordingly, its fair payment, the law introduces the concept of normal duration of work.
A week has been chosen as the base segment for determining the universal labor standard. In accordance with Art. 91 TC, the normal duration of work per week is 40 hours. On this basic value, the entire production calendar is built.
If there were no general norm for the duration of work, and employers could independently determine the regime, the work of workers could not be paid equally fairly. Someone would work less, someone - more, but with uniform wage rates, everyone would receive the same remuneration.
The norm of working time is a kind of measure for calculating earnings in cases where a citizen was absent from work for some time (he was sick, was on vacation, etc.). It is according to the norm of hours that the percentage for the payment of actually worked time is calculated.
Example 1. Loader Selivanov works according to the production calendar of a 40-hour work week, an 8-hour work day. His monthly salary is 30,000 rubles. From November 1 to November 10, 2017, he was on vacation without pay, the rest of November he worked every working day. In accordance with the production calendar, Selivanov was supposed to work 167 hours in November. During the vacation there were 7 working days, 6 of which - 8 hours each, one - (03.11) - 7 hours (abbreviated as pre-holiday).
Calculation of hours of the vacation period that will not be paid:
6 days x 8 hours + 1 day x 7 hours = 55 hours.
Calculation of actual hours worked:
167 hours - 55 hours = 112 hours.
Selivanov's salary calculation for November:
30,000 rubles / 167 hours × 112 hours = 20,120 rubles.
Video: general provisions on working time
Production calendar
Production calendar - the basis for planning and recording working hours
The main guideline for employers in relation to the distribution of labor time is created annually at the state level - this is a production calendar for the year.
The production calendar is not an official document, it is only a calculation based on government decrees to postpone holidays for a certain year.
In the production calendar, taking into account all days off, public holidays and related transfers and reductions, time norms are posted in the following formats:
There are calculations of norms in the production calendar not only for the 40-hour, but also for the 35-hour and 24-hour work week.
Photo gallery: production calendar for the IV quarter of 2017 and 2018
Calculation of the duration of work for the week, month, quarter
The calculation of the duration of labor for any period - a week, a month, a quarter, a year - for those workers who work under normal conditions (strictly according to the production calendar) is not difficult - all data can be extracted from the calendar itself. It is more difficult taking into account the work of those who have a summary account.
Summary accounting of labor is a regime that provides for the reconciliation of hours with the production calendar not according to the results of the week, but for a longer period - a month, quarter or even half a year.
If the local regulatory legal acts and the labor agreement with the employee provide for the maintenance of summarized accounting, he needs to select an accounting period (it will be a month, quarter or half a year). In this case, information about the selected period is entered directly into the terms of the labor agreement. Further, when drawing up schedules and time sheets for this employee, the data with the production calendar are checked only for the accounting period. Wages are calculated on the basis of the ratio of hours worked to the planned schedule.
Example 2. The cashier Gritsakova works in the conditions of the summarized accounting of labor (the accounting period is a quarter). When drawing up schedules for the 3rd quarter of 2017, the head of the department, Fedorov, planned the following hours of work for her: July - 154 hours (outside the summarized accounting - 168 hours); August - 193 hours (outside the summarized accounting - 184 hours); September - 173 hours (outside of the summarized accounting - 168 hours).
Thus, the labor rate for the quarter for Gritsakova is 520 hours, it coincides with the production calendar.
Despite the fact that in July the employee did not work to the norm, in August and September she worked, for each of these months she will be paid wages in full (meaning the situation when the employee was not on vacation or on sick leave).
So, if Gritsakova's salary is 45,000 rubles, the calculation will be made as follows:
for July (worked a full month): 45,000 rubles / 154 hours × 154 hours = 45,000 rubles;
for August (I was ill for 5 days, according to the schedule they had 30 hours): 45,000 rubles / 193 hours × (193 - 30) hours = 38,005 rubles. (sick leave is calculated separately, according to other rules);
for September (I was on vacation at my own expense for 3 days, according to the schedule they had 15 hours): 45,000 rubles / 173 hours × (173–15) hours = 41,098 rubles.
Thus, for employees with a summarized accounting for periods shorter in duration than the accounting one, an individual norm is established. And the calculation of earnings depends on this individual norm in the presence of actually unworked time.
Video: working time
Reduced and part-time work
In order to protect the interests of certain groups of employees, as well as to comply with the principles of freedom of labor, respect for public holidays, the law introduces the concepts of truncated forms of working time - reduced and part-time.
Reduced and part-time work - two forms of truncation of temporary labor boundaries
The norms on reduced working time contain Art. 92, 95 of the Labor Code, about incomplete - Art. 91.
The general meaning of reduced working time is to reduce labor standards while maintaining its pay (in other words, you work less, but you get the same as everyone else). Reduced working time is established:
Part-time labor time is a regime in which labor time is reduced, but it is also paid proportionally (everyone hears all sorts of variations of part-time labor - half-time, quarter-rate, etc.). As a general rule, part-time work is established upon hiring or subsequently by agreement of both parties. Nevertheless, the employer is obliged to provide the opportunity to work in this mode to certain categories of workers at their request:
Length of daily rest
The law also regulates the duration of daily work for certain categories of employees. The time limit is set by art. 94 TC:
It should be noted that the maximum shift duration for the total mass of employees is not established by law. There is only a restriction prohibiting the work of two shifts in a row (Article 103). At the same time, the legislation of neighboring countries (for example, Belarus) introduced stricter restrictions on this account - it is prohibited to establish shifts lasting more than 12 hours.
Labor outside the norm
The employer has the right to involve the employee in work even in excess of the temporary norm
In practice, it is not always possible for an employer to achieve the necessary results of production activities, meeting the time limits established by law - one has to resort to overtime. The law allows this, but strictly observes the principles of fair wages, health protection and the interests of the employee. As a rule, above-standard work is compensated several times more generously than standard work.
In total, the Labor Code provides for three forms of excess labor:
Video: a few words about the irregular working day
Accounting for labor time for part-time workers
Several special rules for establishing and recording labor time are provided for by law for part-time workers.
Part-time work in its pure form is considered only additional work. The first job is considered the main one, and for it the working time of a part-time job is established and calculated in the usual manner.
In accordance with Art. 284 of the Labor Code, the daily work of a part-time worker in hourly terms should not exceed 4 hours, and monthly - half the standard duration. But there is an exception to the daily norm rule: if on one of the days an employee is free for his main job, he can work part-time for the whole working day (without a 4-hour limit).
In cases where this is necessary due to the specifics of production processes, part-time workers may be given a summary accounting of labor.
Part-time workers are paid in proportion to the hours worked from the full norm (Article 285 of the Labor Code).
Example 3. Privolinskiy works two jobs. One of them (at Stroy LLC) is the main one - he works there 8 hours a day according to the usual schedule without summarized accounting. The second job - part-time job - loading operations in JSC "Ampir". For the second employer, Privolinsky works for 4 hours from Monday to Friday. In October 2017, Privolinsky was ill from the 2nd to the 6th. In total, there are 176 working hours in the October production calendar. The salary (full) of the loader of OJSC "Ampir" - 40,000 rubles. per month.
The calculation of wages (without sick leave) will look like this:
5 sick days × 4 hours = 20 hours (had to be on sick leave)
22 working days × 4 hours = 88 hours (Privolinsky should have worked in October if he had not fallen ill)
40,000 rubles / 176 hours × (88–20) hours = 15,455 rubles. (salary for October without sick pay).
Holidays for part-time workers are provided simultaneously with the vacation period at the main place (Article 287 of the Labor Code).
Time relax
Rest time, like work time, is subject to strict accounting.
In order to comply with the constitutional rights of citizens to rest and health protection, the labor law strictly regulates relations for providing the employee with free time from work - work breaks, intervals between shifts and working days, days off, holidays and vacations. All these types of recreation are expressly provided for in Art. 107 TK. And each of them has its own rules for establishing, accounting and paying.
Breaks during the working day
Breaks in work during the working day are a mandatory requirement of the law, because each person has personal and absolutely natural needs (eating, heating when working on the street, rest during heavy physical work and other personal needs). The law establishes two types of such breaks:
Employers should closely monitor the length of lunch they set for the employee. If its maximum duration is exceeded, a break in the working day takes place - a condition that requires separate regulation and increased payment.
The time attributable to the indicated breaks is necessarily reflected in the schedule and in the time sheet, but is excluded from the total calculation of hours.
Video: Let's talk about breaks
Weekends and holidays
Regarding holidays, the law also contains a number of rules:
Holidays
Labor leave - rest time, which is paid as working time. Each employee is entitled to a minimum amount of such rest - 28 days a year. In addition, depending on the situation and the will of the employer, additional holidays are added to this basic number of days - for seniority, for irregular working hours, for harmful and unsafe working conditions, for the special nature of work, etc.
The right to a vacation period as a whole arises for the employee for each individual working year. However, for the first working year, leave is granted no earlier than 6 months from the date of employment of the employee. Vacation can be divided into several periods, but one of them cannot be less than two calendar weeks. For the part of the non-vacation leave remaining after using 28 of its days, monetary compensation may be issued by agreement of the parties. By agreement with the employee on vacation, the employer can recall him from there to perform urgent work, providing the unfinished part at a later time.
Example 4. Storekeeper Timushkina got a job at Sklad LLC on July 23, 2005. Since then, she has been transferred several times to various positions in different structural divisions. However, her individual period (year), giving the right to the next vacation, did not change, since she never took more than 14 days of vacation at her own expense. The next working period of Timushkina began on 07/23/2016 and ended on 07/22/2017. This year, she is entitled to 28 days of basic leave, 2 days of leave for an irregular working day, 1 day of leave for seniority, and a total of 31 days. Vacation during this period she took:
In December 2017, Timushkina asked her employer to compensate her with money for the rest of the vacation, which was refused, since she used only 20 days of vacation. The employee was advised to write an application for 8 days of vacation and compensation for 3 non-vacation days, which she did. In addition, starting from 07/23/2017, Timushkina already has the right to a new vacation lasting 31 days (for the period from 07/23/2018 to 07/22/2018).
In addition to paid employees, unpaid leave may also be granted if there are good reasons for this (family and domestic, for example). For some categories of citizens, at their request, the employer is obliged to provide such leave (Article 128 of the Labor Code).
It is important to understand that the hours of work that fell on vacation or sick leave of an employee are necessarily included in the labor standard for the accounting period. After all, it is the difference between the norm and the worked out that gives the percentage from which wages are calculated.
Accounting for labor time: documents
The only document on the basis of which labor time is “accepted” for payment is a time sheet.
When compiling time sheets, forms T-12 and T-13 are used (the second is suitable for recording labor time using an automated system - according to the turnstile). As a rule, the responsibility for compiling time sheets is assigned either to the heads of structural divisions or to the personnel department.
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 per 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.
The concept of "time" in the sphere of labor is characterized by specific values and figures, in contrast to the general philosophical concept. It is strictly regulated by law. The main legislative act is the Labor Code of the Russian Federation (Labor Code of the Russian Federation).
A number of changes were made to it, which entered into force on June 29, 2017. In particular, the conditions for the implementation of labor duties were clarified when establishing a part-time schedule and payments for overtime work. The topic is covered in the chapters of the fourth section. The rights guaranteed by the Labor Code of the Russian Federation must be known to every citizen.
The essence of the concept of "working time"
Working time is the cumulative period for the performance of individual labor duties, determined by the contract and the IRR (internal regulations), and other periods not related to actual work. Other legal periods include:
- forced downtime associated with technical, economic and other reasons;
- the time of eating without leaving the workplace, if separate breaks are not provided for these purposes;
- special breaks for heating;
- time to feed the baby.
The leader is obliged to coordinate the length of the designated periods with the trade union body. Individual employees (for example, certain categories of drivers) are entitled to breaks for gymnastics.
For your information
The working period usually includes the implementation of site preparation for the implementation of work and final activities. Not included here: travel time home, dressing.
Classification of types of working time according to the Labor Code
There are different types of time spent on work: normal (40 weekly labor hours), reduced, incomplete, irregular.
The working day is:
- normal duration - usually 8 hours (standard);
- incomplete volume;
- shortened duration;
- with a duration that is not included in the standard (overtime, irregular work).
There are also other versions of the working day, developed in the collective agreement of the enterprise.
Working hours
The norm of working hours according to the Labor Code of the Russian Federation (Article 91) is the number of hours worked out by agreement for a certain calendar period. The maximum norm not subject to violation is established by law. Exceptions are also possible in statutory cases.
Legally defined limitation of working hours contributes to:
- health protection of employees, prevention of overwork, improvement of working capacity;
- on-the-job training, advanced training, personal development;
- improving labor productivity.
Rationing is influenced by working conditions, age, health characteristics, and other factors. The duration of the weekly period of work under the Labor Code of the Russian Federation should not exceed the norm of 40 hours. Alternative options are an incomplete or shortened week for certain categories. Monthly, quarterly, as well as annual norms are established by the executive power in accordance with the norms of law.
A week of working time according to the labor code is:
- of five days with 2 days off;
- of 6 days with 1 day off;
- in the form of a rolling schedule with days off;
- another option, taking into account the specifics of the enterprise.
In order to comply with the standards, hours of processing, work during the weekend are taken into account.
Working hours
The concept of working hours (Article 100 of the Labor Code of the Russian Federation) includes several parameters:
- the length of the work week;
- shift period (daily work period);
- breaks for various purposes;
- alternating periods of work and compulsory rest;
- use of the possibility of irregular labor;
- the time of the beginning (end) of the labor period daily;
- other regime moments.
The mode of the working day is irregular, in shifts, flexible, divided into parts. It is reflected in local acts, PTR. Individual solutions for individual citizens are possible.
Rules of irregular labor
It is possible to involve employees in episodic labor operations beyond the limits of the working period. The need for irregular work (Article 101 of the Labor Code of the Russian Federation) is determined by the order of the employer when fixing this rule in the labor agreement.
Rules for engaging in irregular work
- At the disposal of the head, the consent of the employee is not required.
- The duration of processing is not limited by law. Their period is possible both before the shift and after its completion.
- It is possible to involve persons with irregular hours in additional work if this activity is indicated in the employment contract. Such involvement can only be episodic, and by no means systematic.
If the manager abuses the rights of an employee, the latter has the right to go to court.
Accounting for working hours according to the Labor Code of the Russian Federation
Time tracking is a measurement of compliance with the time norm. The obligation to keep records of actual working hours worked out is carried out by the employer. What is the purpose of the "Time sheet and payroll". It registers attendance or absence from work, delays are recorded, disability certificates, downtime periods, overtime hours are noted.
Accounting can be daily, weekly, summarized. The monthly, quarterly, and annual rate is calculated summarily. This is optimal for shift work, transport work.
The summed account is divided into 2 categories.
- Daily labor segments are unequal in time. In this case, hours worked for the entire accounting period are taken into account. They must comply with the norm.
- Fixed daily routine. With an increase in hours in a shift, the number of days for weekly rest increases.
Summed up accounting for the control of hours worked is conducted for different accounting periods.
Preparatory activities
In addition to the main ones, activities of a preparatory nature are included in the considered working time.
Preparatory actions include:
- elaboration of constituent documents, all types of documentation;
- preparation, bringing the workplace into proper condition;
- delivery and report on the products produced.
Some other periods with training functions are included in the work schedule for individual employees. For example, a medical examination before the driver leaves for the line. Preparatory activities do not include: time from home to work, changing clothes, lunch time.
Establishment of working time norms
Working time is coordinated according to the VTR and the collective agreement. A schedule is being developed, alternative modes of work are being developed, their volume is individually incomplete, reduced . All coordination issues in the schedule are determined by orders. Information about the actual hours worked is covered in the time sheet.
Attention
When establishing the necessary work intervals, it is important to comply with the norms of federal legislation and correctly draw up regulations.
The optimal development and establishment of labor time directly affects the return, maintains efficiency, prevents fatigue, which leads to mistakes, and has a bad effect on health. That's why it's so important to follow the rules. Permissible maximum values must not be exceeded.
Working hours norms
for all categories
The length of the shift for various categories of workers is not precisely established by law, but the weekly norm of 40 hours must be observed. Labor productivity is recognized as maximum during the working week according to the five-day principle. 2 days off contribute to optimal rest, which has a beneficial effect on work efficiency.
for minors
Their psyche and body as a whole are still in the process of formation. In this connection, the length of one shift of working hours according to the Labor Code of the Russian Federation cannot exceed:
- 4 hours for employees aged 14-15;
- 5 hours for employees aged 15-16;
- 7 hours for employees aged 16-18;
- 2.5 hours for those who combine work and education at the age of 14-16;
- 4 hours for those who combine work and education at the age of 16-18.
for invalids
For the disabled, the norm is set according to the medical report and the individual rehabilitation program. It is determined by the results of an examination under Article 11 of the Law on Disabled Persons. Each case is considered individually, taking into account the nature of the disease. Some labor actions are completely prohibited in order to protect the individual.
working hours for those whose work is associated with dangerous and harmful conditions
Their change cannot legally exceed:
- 8 hours (with a weekly schedule of 36 hours), up to 12 hours with the consent of a working citizen, while maintaining the maximum weekly rate;
- 6 hours (with a weekly schedule of 30 hours), up to 8 hours with the consent of a working citizen, while maintaining the maximum weekly rate.
An increase in the length of shifts of working hours according to the labor code with the consent of citizens is allowed as an exception in agreement with the department of the Federal Service for the Protection of Human Welfare.
for creative workers
The length of the shift of such workers (employees of the cinema, media, theaters, circuses, etc.) is regulated by a collective agreement, taking into account the maximum weekly workload.
for other categories
The length of the shift depends on the specifics of work, part-time work, and other factors.
- For – 4 hours or less. If the part-time worker does not have the main job on one of the days, it is permissible to work in an additional place all day.
- For seafarers on ships - 8 daily hours. For women working on ships of the Far North and for minors on ships - 7.2 hours.
- For drivers - 8 hours for a five-day schedule, 7 hours for a six-day schedule.
Continuous rest must last at least 42 hours a week according to article 110 of the Labor Code of the Russian Federation. The period is calculated from the time of completion of work and before the weekend.
When establishing working hours, the following elements should be clearly identified:
- duration of the working week;
- schedule of days of rest, holidays;
- fixed start and end time of the shift;
- fixed break periods.
All this is documented in the collective agreement, VTR.
Breaks according to the Labor Code of the Russian Federation
During the working day, different types of breaks are provided. According to the norms of the Labor Code, some of them are paid due to inclusion in working hours. The employee uses other breaks during working hours for his own personal interests with the right to remove him from the territory of the enterprise. For example, for lunch.
Breaks may also be allocated during working hours according to the Labor Code:
- for heating workers, which is necessary when performing duties during the cold period in rooms without heating or on the street with entry into the work schedule;
- for sleep in some types of work, for example, one unpaid hour for a civil aviation dispatcher;
- technical interruptions caused by production needs.
Paid are some kind of break.
- For feeding infants after 3 hours for 30 minutes. These breaks can be summed up and used at the end of the day.
- Special breaks for the rest of civil aviation controllers.
- Time periods for heating.
Breaks are designed to reduce fatigue, increase productivity.
Inadmissibility of "smoke breaks" during working hours
It is no secret that unauthorized rest is often arranged during working hours: tea drinking, conversations, putting oneself in order, going to the store, the so-called “smoke breaks”. This is far from a trifle, as some people think. The employer has the right to apply such penalties as a remark, reprimand, fine. With regular distraction from the main duties during working hours for personal matters, even dismissal is possible if there have been several disciplinary sanctions before that.
Attention
Rest time is strictly regulated by law. And if the working day starts at 9.00, then all activities not related to the main professional duties must be completed before that. Being late for more than 15 minutes will result in a disciplinary sanction. Absence from work for 4 hours.
Lunch Rules
Breaks to ensure rest and meals are defined in article 108 of the labor code. Their duration is from 30 to 10 minutes. These periods are not included in working hours and are not paid accordingly.
IMPORTANT
Amendments have been made to the new version of the document in question, according to which, with a shift duration of 4 hours or less, the employer has the right not to provide such a break. This is regulated by the PVR.
If the working situation does not allow providing citizens with a lunch break during working hours, the employer must take care of the possibility of eating within the paid time period of work. It includes all breaks shorter than 30 minutes.
Features of a medical examination during working hours according to the Labor Code
Payment for processing
Processing and performance of labor duties during weekend periods (days) is paid at a double rate (Article 153 of the Labor Code of the Russian Federation) and more to the following persons:
- employees hired on a piece-rate basis - at a double rate;
- at daily rates - double daily salaries (or more);
- at hourly rates - double hourly rates according to the tariff (or more);
- holders of the official salary - not less than the proportional part of the established salary for the processed hour (day) in excess of the salary amount.
When calculating payment in the indicated cases, only fixed amounts of payment are taken into account, excluding incentive payments, compensation and social charges. An alternative day of rest (or several) may be provided upon request. In this case, the amount of payment (single) is due only for the worked (initially non-working) day.
Nuances
Each of the concepts of working time covered has a lot of nuances. For example, flexible working hours. Many subtleties are taken into account in the total accounting of labor time, seasonal work, during the probationary period, and in other cases. The nuances may have legal, professional specifics and be reflected in the employment contracts of specific enterprises.
For your information
A single leader, based on a 40-hour week determined by law, has the right to calculate the best options for daily time for work. At the same time, we must not forget about the norms of the law, not exceeding the duration for certain categories of workers.
Working time is the most important parameter of the labor process. Section IV of the Labor Code of the Russian Federation gives the main definitions, specifies the terms associated with the concepts of the labor regime.
