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 is defined maximum length 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 labor legislation was noted by the Ministry of Labor back in 2007 (letter of the Ministry of Labor "Multi-shift 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
Not negotiated by the Labor Code of the Russian Federation and maximum time daily work at shift schedule. 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 incomplete working 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.
Before employment or after receiving a disability, each disabled person must contact a clinic 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 clause 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 specific work 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 peculiarities 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. By general rule the employer has the right to refuse to satisfy the employee's 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 financial compensation employees (overtime pay rules 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 employment 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, you should specify this information in an 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, the work schedule is signed in the employment contract. this employee, 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 specific employee, an appropriate supplementary agreement to an employment contract that specifies new mode work.
So, the total (normal) daily duration of work of workers has not been established. At the same time, based on the 40-hour norm of the working week and the number of working days, each manager has the opportunity to calculate optimal amount 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 legal limit. In general normal hours of work may not exceed 40 hours per week. We will consider the nuances of labor rationing in our article.
Working time as a legal category
The fundamental legal norm that establishes the ratio of time spent on work and on rest is Art. 37 of the Constitution of the Russian Federation, indicating that the employee, as a participant in labor relations, is guaranteed the maximum indicated amount of time that he can use for work. It is regulated at the level of federal legislation and is limited by the legal provisions of the Labor Code of the Russian Federation.
Art. 91 of the Labor Code defines the legal category "working time". This is the time an employee must use to complete labor function, and the duration of this time, the moment of beginning and end are established by the labor contract. The Code, federal and industry regulations qualify as working time the process of actual work and "other" periods of time. The category of other time intervals includes the so-called regulated breaks:
- breaks related to the organization and technology of the labor process: for heating and rest under Art. 109 of the Labor Code of the Russian Federation when performing a labor function not indoors or in unheated room, for the rest of air traffic controllers according to paragraph 11 of the regulation of the Ministry of Transport, regulating the work of air traffic control (approved by order of the Ministry of Transport of January 30, 2004 No. 10), for car drivers according to paragraphs. 15, 19 of the regulations of the Ministry of Transport regulating the work of car drivers (approved by order of the Ministry of Transport of August 20, 2004 No. 15), etc.
- additional breaks for feeding children to working women with children under 1.5 years old under Art. 258 of the Labor Code of the Russian Federation.
The listed breaks are part of the working time, they are payable.
Normal working time is not more than 40 hours
Normal hours of work may not exceed the limit indicated by the code and is determined by (1) the amount of time of work, expressed in hours, and (2) the calendar interval during which this number of hours must be worked. Art. 91 of the Labor Code of the Russian Federation regulates the first criterion (no more than 40 hours) and the second criterion - a time interval equal to a week. The norm is established in the general case, i.e., the performance of the labor function takes place under normal, standard conditions, and the performers of labor duties do not require, for example, age, health status or marital status, special labor protection measures.
It should be noted that Art. 91 fixes the maximum limit of labor time: the indicator normal hours of work may not exceed 40 hours per week. This provision is generally applicable:
- for all employers, regardless of the organizational and legal structure and form of ownership;
- for all types of labor contracts - open-ended, fixed-term, seasonal, short-term (the only exception is part-time employment, where the duration of labor is inherently different);
- for all schedules.
Special working time standards for special entities
As already noted, the quantitative value of the norm of working time depends on the properties of the subject of labor (worker) - his age, health - and, of course, on working conditions. The Labor Code provides a classification of types of working time by length. It can be:
- It is normal when the maximum duration for the general category of workers is no more than 40 hours per working week (Article 91 of the Labor Code of the Russian Federation).
- Reduced, when the maximum duration is set for workers depending on age, health, or existing harmful or dangerous working conditions. Maximums are regulated by Art. 92 of the Labor Code of the Russian Federation, and for various groups of workers, the duration of the week is set at levels of no more than 36, 35, 24 hours. Note that there are industry standards that fix a different duration of the working week for medical, pedagogical and other personnel.
- Partial, when the duration is set by the labor agreement for employees with family responsibilities. Art. 93 names the circle of persons for whom the employer must, at their request, determine part-time work. These are pregnant women, parents of children under 14 and other categories. It is understood that such workers receive wages according to hours worked.
Norm of time with a schedule other than 5/2
So, the time of employment of an employee is limited by the legislator. The period defined as normal working hours, may not exceed 40 hour week. Compliance with this legal provision is closely related to the solution of the question of how, according to what schedule, work is carried out.
The existing ratio of work and rest time has the following options: 5-day employment with 2 days of rest, 6-day work week with a single day off, a staggered schedule for providing rest days, part-time work. It should be noted that the vast majority of workers work in conditions of a five-day period (5 eight-hour working days a week).
It is necessary to dwell on some of the nuances of organizing time for work and rest in other types of employment. For example, if a 6-day working week is established, then the length of the working day on the eve of the weekend cannot exceed 5 hours (Article 95 of the Labor Code of the Russian Federation). In such circumstances, the legislator is not talking about a quantitative reduction in the size of the working week, but about the redistribution of working time in order to implement the norm of Art. 110 on the length of continuous rest time between working weeks at 42 hours. If a work schedule with “sliding” days off is established, then it is necessary to comply with the norm of Art. 111 about obligatory rest on Sunday.
Working time is an essential condition of work. For this reason, the employee's employment schedule must be drawn up by the employer in the form of a separate NLA or included in the internal regulations or collective agreement. In the case when the employee's employment mode differs from that adopted in the whole organization, it must be separately recorded in the employment contract.
In addition to the fact that the schedule should reflect the duration of the working week and daily work, it should contain an hourly breakdown of the working day. As a result, the schedule should indicate the start and end times of work, the established breaks, the number of shifts, the order of rotation of shifts, as well as the schedule of working and weekend days.
Normal working hours per week and standard working hours
So Art. 91 of the Labor Code of the Russian Federation states: “ Normal hours of work may not exceed 40 hours a week." This legal postulate has become fundamental in the methodology for calculating the norm of working time.
Another document - the order of the Ministry of Health and Social Development dated August 13, 2009 No. 588n - establishes a regulation according to which the duration of working time is calculated at fixed calendar intervals and is based on the schedule of a 5-day working week. The duration of work per day should be:
- 8 hours if the work week is 40 hours;
- if there are less than 40 working hours per week, then the daily duration is determined by dividing the number of hours of the working week by 5.
That is, the established length of the working week, which, as already noted, can be 40, 36, 35 or 24 hours, must be divided by 5 and multiplied by the number of working days in a particular month according to the five-day schedule. The resulting total should be reduced by the number of hours attributable to the reduction of labor time on the eve of public holidays. There is a standard established by Art. 95 TC: on the days before non-working public holidays the working time should be reduced by 1 hour.
The method described above is convenient in that it can be used to calculate the norm of working hours, which is applicable in any mode of employment.
The duties of the employer include personal and daily accounting of the time of work of each employee.
The form for recording working hours and the procedure for filling it out, see the article.
Accounting for working hours - identify the norm and excess
Control over whether the duration of labor time complies with existing standards is carried out in the process of recording working time. The process of organizing labor at different enterprises can be organized on different principles. In particular, accounting of labor time can be kept for various time periods, and, as a rule, enterprises choose from three options: day, week, or summarized accounting.
Daily accounting of working time is appropriate for those employers whose work schedule implies: on any day, the duration of work is the same. In circumstances where the actual daily working time goes beyond the standard, the difference is not compensated by underwork on subsequent days, but is qualified as overtime work.
Weekly recording of working time is required in circumstances where, within the normal limits of the duration of weekly work, the length of working days may in fact fluctuate from day to day. Weekly accounting is appropriate, for example, when work is carried out according to a flexible schedule (Article 102 of the Labor Code of the Russian Federation).
The summarized accounting of working time is most necessary for such modes of work as shift work (Article 103 of the Labor Code of the Russian Federation) or rotational work (Article 300 of the Labor Code of the Russian Federation). The principle of this type of accounting is as follows: the time of labor activity is considered not for a week, but for another period (three weeks, a month, two months, etc.). The use of a different time interval for calculating working time is due to the fact that, for objective reasons, for example, due to the specifics of the enterprise, it is not possible to strictly adhere to the established, normalized duration of weekly or daily work. The time interval taken by the employer for the purpose of normalization for calculating the number of working hours is called the accounting period. The total duration of labor during this time cannot be more than the normal week, multiplied by the number of weeks. With all this, for the length of this period, Art. 104 of the Labor Code of the Russian Federation defines a maximum of one year.
For more information on calculating the rate of hours for a shift schedule, see the material.
It is the responsibility of the employer to record the time worked by employees. Moreover, it is required to take into account the time both within the normal duration, and in cases where the norms of working time are exceeded due to overtime work or work in irregular working hours. These two concepts characterize the employment of an employee in excess of established norm and therefore require separate legal regulation.
Exceeding the norm: overtime work and irregular working hours
Art. 99 of the Labor Code qualifies overtime work as work performed on the direct instructions of the employer outside the normal working hours. If we are talking about daily accounting, then such work will be considered work after the end of the working day or shift. If we are talking about summarized accounting, then such work is labor that accounting period lasts more than the standard number of hours.
One of mandatory conditions is the fact that the employer's instruction to work overtime must be issued in writing. Overtime work is subject to certain restrictions. The permissible limits depend on the type of work that needs to be performed overtime, the categories of workers involved, and finally, on the duration of overtime work.
The consent of employees to work overtime is required to solve the following problems:
- to complete the work begun, which for objective reasons was not completed during the working day, provided that the failure to complete this work will cause irreversible damage to property, endanger the life and health of people;
- for execution repair work when a malfunction prevents further work a large number workers;
- to replace a non-appearing replacement employee.
There are reasons why employees may be required to work overtime without their consent. These reasons are related to the need for actions to prevent disasters or to carry out work to normalize the functioning of the life support systems of the population during the elimination of the consequences of emergency situations.
In other cases, overtime work is possible with the consent of the employee, taking into account the opinion of the trade union organization. However, the procedure for taking into account the opinion of the trade union organization is not clarified by the code (Article 371 of the Labor Code of the Russian Federation), and in practice it is enough for the employer to notify the trade union (if any) of its decision related to overtime work.
Legislation prohibits overtime work for pregnant women and adolescents under 18 years of age. If there is consent and there are no medical contraindications, then it is allowed to involve women with children under 3 years of age and people with disabilities to work outside the normal length. However, in such circumstances, a special permit procedure applies: these employees confirm in writing that they are aware of their legal right not to work overtime.
The amount of overtime work for its performer should not exceed 4 hours for 2 consecutive days and for 120 hours per year. Overtime work should be paid in an increased amount (Article 152 of the Labor Code of the Russian Federation).
An irregular working day is considered to be such a mode of work in which the duration of working time in a large way differs from the duration of work established by the legislative acts. With such a schedule, workers may sometimes be required to work outside the normal hours of work. Availability of irregular working hours essential condition labor function, and therefore it should be in without fail reflected in labor agreement.
Results
Weekly hours of work must not exceed the maximum of 40 hours specified by the legislator. It is on the basis of this indicator that the norm of working hours is established for all available modes of work. The performance of labor in excess of the norms is the subject of separate regulation by the legislation.
According to this norm, this is the period of the day during which the employee performs his direct official duties in accordance with established rules internal labor regulations and the conditions prescribed in the contract.
The length of the working day according to the Labor Code (2019) is limited only by the upper limit - this is also stated in Art. 91 of the Labor Code of the Russian Federation. The normal duration of work may not exceed 40 hours per week. This rule applies to all employees, regardless of how many days their working week lasts: 5 or 6. And everything that is in excess of the norm is processing.
Who is entitled to reduced hours of work?
For some categories of workers, the legislation has determined a different duration of labor time - reduced ( Art. 92 Labor Code of the Russian Federation):
- for teenagers under the age of 16 - no more than 24 hours a week;
- for employees aged 16 to 18 - 35 hours per week;
- for disabled people of group I or II - no more than 35 hours a week. Group 3 disabled people are not supposed to work at all - employers should remember this;
- professionals working at enterprises with harmful and hazardous conditions labor, it is supposed to work no more than 36 hours a week. In this case, it is necessary to take into account the results of the SOUT;
- physicians must work no more than 36 hours a week;
- teachers - no more than 36 hours a week;
- employees working in the regions of the Far North and equivalent areas and in rural areas are assigned to work no more than 36 hours a week.
Separate regulatory legal acts other indicators may be established for certain categories of citizens or representatives of certain professions. There are no legal requirements for minimum hours worked.
In what cases the working hours can be reduced
How long an employee should work is indicated in his employment contract. So, by agreement between the parties, it can be issued on part time (Art. 93 of the Labor Code of the Russian Federation). At the same time, the boss is not entitled to refuse the request for the establishment of a reduced working day or a short week for the following categories of workers:
- pregnant employees;
- a parent (guardian, custodian) raising a child under the age of 14 (or a disabled child under the age of 18);
- employees caring for a sick family member (such a need will have to be confirmed by a medical certificate).
At the same time, partial time is set for a convenient working period, but no more than for the period of circumstances. When determining the mode of work time and rest time, the wishes of the employee are taken into account. It is worth knowing that such measures will not affect the labor rights of a citizen, in particular, the length of vacation and length of service. Only for money.
Each boss must keep records of the time worked by employees. For example, an employer may need to find out the average working hours during the working day.
The average working day is a parameter that shows how many hours of work per employee per day.
How is it calculated? Average working day - formula:
SP \u003d OKCHChr / KD,
- Spr - the average length of the day;
- OKChChr - the total number of man-hours worked;
- CD - the number of days in the accounting period.
To determine the average for all employees, a different formula is used:
SP \u003d OKCHH / KR,
- SP - average duration;
- OKHCH - the total number of man-hours worked at the enterprise;
- KR - the number of employees.
Working hours of teaching staff
Approves: for teaching staff Reduced working hours are established - no more than 36 hours per week.
The duration of the working time of teachers is determined individually and depends on factors such as:
- job title;
- rate of hours per bet;
- upper limit teaching load (2 rates).
Details about accepted norms the duration of the working time of teachers are presented in the Order of the Ministry of Education and Science of December 22, 2014 No. 1601.
Express your opinion about the article or ask the experts a question to get an answer
The concept of "time" refers to the philosophical, it is an abstract value adopted for orientation in the human perception of reality.
But there is an area in which this concept is filled with a very specific content and has a very specific meaning - this is the sphere of work. Getting the right to exercise labor activity, the person will carry it out within the framework regulated by law.
Consider the nuances associated with the use of the term "working time" in legislative acts, in particular, the Labor Code of the Russian Federation.
Define the term "working time"
Art. 91 of the Labor Code of the Russian Federation gives a fairly strict definition of this term. Working time- this is the period during which hired personnel must fulfill their functional responsibilities, regulated in the conditions employment contract and internal labor regulations.
Working hours also include certain other periods that are considered as such in accordance with legislative acts, namely:
- shift change;
- stay on a business trip;
- break for lunch, if at this time you can not leave your workplace;
- special breaks for workers during the cold periods of the year, for loading operations etc.;
- when delivered by the transport of the enterprise - time on the road to and from work, etc.
Time to work and time to rest
AT labor law working time is directly opposed to leisure time. Coordinating the working hours, the employer must necessarily regulate, along with working hours, non-working hours.
Time to rest- these are the periods when the employee is free from the requirements of the labor schedule and has the right to dispose of them at his own will (Article 106 of the Labor Code of the Russian Federation).
To free time relate:
- unpaid breaks during a shift or working day;
- preparation time for the start of work and for its end;
- time before the start and after the end of work (according to the schedule);
- weekends (weekly rest);
- public holidays;
- vacation (usual annual).
NOTE! Lunch break, which is provided to employees in the middle of a work shift (day) lasting at least half an hour and not more than 2 hours, is not included in working hours (Article 108 of the Labor Code of the Russian Federation).
Temporary standards enshrined in the Labor Code
The legislation regulates several time periods related to working time, for which certain standards are established.
- Work shift or day- Daily employment. Its duration is not explicitly fixed in the law. It is allowed to divide it into parts. Limits are set to limit this interval:
- 2.5 hours - for schoolchildren or students under 16 years old, both students and workers;
- 3.5 hours - for the same category from 16 to 18 years;
- 5 hours - for young workers up to 16 years of age;
- 7 hours - until the 18th anniversary of employees;
- 6 hours - for employees of hazardous industries with a week of 30 hours;
- 8 hours - for them, if the week is 36 hours;
- as indicated in the medical report - for the disabled.
- Work week- the most common interval used for calculations. The basis is the duration of work from Monday to Sunday (with one or two days off). Art. 91 sets "normal" work week which is 40 hours. Other weekly norms are also regulated:
- incomplete week- is introduced by agreement between the parties, when the payment is considered in proportion to the hours worked, such a schedule can be established certain categories employees (pregnant, caring for children or people with disabilities, parents of children under 14);
- shortened week- provided for by the regulations of the Labor Code and internal documentation, when the normal duration is reduced due to the specifics of the working contingent (minus 4 hours or more per week for workers in hazardous industries, as well as young workers under 18; up to minus 5 hours - for disabled people; minus 16 hours - for the first job of 14-16-year-old employees).
- Accounting period- the time period chosen to take into account the number of hours worked and correlate them with the norms. This is a certain form of control, reflecting the measure of this category. In the accounting period, a defect or processing is revealed during working hours. This gap is fixed in normative documents firms and may be:
- month;
- quarter;
- any other period not exceeding a year.
- Employment limit- the limit above which the employer is not entitled to load an employee. Sometimes employees themselves express a desire (consent) to work in excess of the established norms (overtime) for the appropriate pay. But the law does not allow to abuse this, for which the limiting norms are established:
- with a working day of 8 hours, processing cannot be longer than 4 hours;
- when working part-time, you cannot be employed for more than half the working day (except for free days at the main place);
- in any accounting period, part-time work is prohibited from processing more than 50% of the norm.
Working hours before holidays
On the day before the holiday (but not the usual weekly) day off, Art. 95 of the Labor Code of the Russian Federation prescribes to reduce the length of the working day (shift) by 1 hour. In those enterprises where this is not possible (for example, continuous production), instead of reducing working hours, the employee will be given additional time for rest or will be paid for processing as overtime (upon prior agreement with him).
Working hours at night
If duties require an employee to work in a biologically unintended period of time from 10 pm to 6 am, then his shift (it would no longer be entirely correct to say “working day”, since night is meant) should be shorter by 1 hour than corresponding daytime. Payment for such shifts is also increased.
If an employee works on a reduced or part-time week, the night shift will not be reduced.
When the obligation to work at night is fixed in collective agreement, the reduction is also not performed.
About working hours
The main measure of working time has long been considered the length of the working day (it was precisely for its reduction, in particular, that the proletariat fought during the revolution). In the legislation of our country in 2001, the place accounting rate took a working week, the features of which form the basis of one or another mode of working time (Article 100 of the Labor Code of the Russian Federation):
- a working week of 5 days with two days off (fixed or "floating");
- working week of 6 days with one day off;
- working week with rolling days off;
- part-time work week.
In addition to accounting based on the working week, other modes of working hours can be applied:
- irregular working hours (for specialized categories);
- flexible working hours;
- shift mode;
- working day divided into parts;
- summarized account.
NOTE! The working time regime is an essential condition, without which an employment contract cannot be lawful. The signature of the employee on the contract indicates his consent to the proposed work regime.
The employer must clearly regulate the working hours in the internal documentation of the organization. Its required elements are:
- duration of the accounting unit (working week);
- start and end times of shifts (working day);
- set break times;
- number of shifts per working day;
- weekend schedule.
This information is documented in a collective agreement or an individual labor agreement, as well as in the internal labor regulations (a special section “Working time and its use” is intended for this).
The definition of such a thing as working time is given in article 91 of the Labor Code, according to which it is “the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor obligations, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts Russian Federation refer to working hours. Moreover, a number of periods when the employee did not actually work are also recognized as working time. For example, as a result of downtime caused by the fault of the company.
The Code also defines normal working hours. It is 40 hours per week. For some categories of employees, reduced working hours should be established. For example, for workers aged 16 to 18, it is 35 hours per week. The list of such employees is given in article 92 of the Labor Code. By agreement between the company and the employee, the latter may be assigned part-time work (). And in some situations, the company is obliged to do this. For example, at the request of a pregnant woman. In case of part-time work, the employee must work the number of hours that he agreed with the employer. For example, a company has a five-day work week with an 8-hour workday (that is, a 40-hour work week). At the request of an employee, he may be assigned not eight, but, for example, a seven- or six-hour working day (that is, a 35- or 30-hour working week). It is possible that an employee does not work five days a week, but less (for example, 4 or 3 days).
() Art. 93 of the Labor Code of the Russian Federation
What is the difference between reduced and part-time work? The first is mandatory established in cases expressly provided for by the Labor Code. Otherwise, it will be considered as a violation of labor laws. The second is determined by agreement between the employee and the company. Moreover, the employing company is not obliged to establish part-time working hours (with the exception of those cases that we mentioned above).
If, at the initiative of the company, an employee worked beyond the normal working hours, this is considered overtime work. Therefore, overtime hours are paid at a higher rate.
Most small companies keep daily records of working hours. It is used for the same daily working hours. As we said above, with a 40-hour and five-day work week, this is 8 hours a day. If an employee works on a 35-hour and five-day working week, this is 7 hours a day, etc.
A weekly working time option is also available. In this case, the norm of working hours per week must be observed. For example, 40 hours for a five-day work week with two days off (Saturday and Sunday).
With this accounting, it is possible that the hours will not work on one or another day of the week with working off on another day. Suppose an employee worked 6 hours on Monday and 10 hours on Wednesday (all other days he worked 8 hours). In this situation, the normal hours of work will be respected. At the same time, the fact of working on Wednesday for 10 hours (2 hours more than expected) is not considered overtime work.
Often, due to the working conditions, it is impossible for an employee to comply with the daily (weekly) norm of working time. On some days he must work more than the established norm, on some - less. In such a situation, a summarized record of working time () is kept on it. In this case, the duration of working time should not exceed the normal number of working hours for the accounting period. Such a period can be any period of time defined in the company (for example, a month, a quarter, a half year). The maximum duration of the accounting period is one year.
