Hours of operation on shopping mall rf. Work on holiday days according to the labor code. The norm of working hours per month, established by the legislation of Russia

15.11.2020

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! In case of part-time work, only those hours and days that were worked out are paid, that is wage decreases (compared to the usual 40-hour work week). Leave and seniority are calculated in the same way as in the general case.

Online journal for an accountant

This is the time when the worker must perform his job functions in accordance with the internal labor regulations (hereinafter referred to as the 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.

Info

This feature labor law noted the Ministry of Labor back in 2007 (letter of the Ministry of Labor "Multi-shift operation" dated 01.03.2007 No. 474-6-0).


Subscribe to our channel in Yandex.Zen! Subscribe to the channel The Labor Code of the Russian Federation fixed only the maximum duration of labor (weekly).

The length of the working day according to the labor code of the Russian Federation in 2018

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 Labor Code of the Russian Federation reduced daily labor time (as well as reduced labor time per week, established in Art.
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 equal to 7 hours per 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.

How many hours a working day in Russia according to the labor code

Attention

Weekly labor for any worker cannot be longer than 40 hours, and the uninterrupted weekly rest time must not be less than 42 hours (art.


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 law, the Chief State Sanitary Doctor of the Russian Federation on July 29, 2005 approved the Guidelines for the hygienic assessment of factors working environment... No. R.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 duration 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 be more than 40.

Labor code rf 2017 working hours how much

The establishment of 2 shifts per week for 24 hours is illegal, since in this case the weekly work 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. It is optimal to set one shift for 24 hours, and the second shift for 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 (Art.
100

TC RF). The five-day work schedule is considered a classic.

Production calendar for 2017

With a five-day work week workers work 8 hours a day. Many personnel officers consider this mode of operation 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 norm of working hours per month, established by the legislation of Russia

  • Definition of working time
  • Working hours
  • Production calendar
  • The procedure for calculating working time

All workers should understand how much time they are supposed to work according to the law. Sometimes people overwork a little, and as a result, a big overwork is added up in a month.

But, a person must perform duties under an employment contract.

When processing is obtained, the enterprise is obliged to pay it accordingly or provide time off.

According to Art. 91 of the Labor Code, the norm of hours of work per month is one hundred and sixty hours.

Definition of working time Article No. 91 of the Labor Code states that a working period is recognized when a person must perform individual duties.

Additionally, this can include other time related to the work of the employee.

Working hours according to the Labor Code 2017

The norm of working time for 2017 is calculated in accordance with the procedure established by the order of the Ministry of Health and Social Development of the Russian Federation of August 13, 2009 No. 588n (hereinafter referred to as the Procedure). According to this regulation, the length of the week (the norm is 40 hours, but sometimes it can be less) must be divided by 5 and multiplied by the number of working days in a year (with a 5-day working week). Then, from the resulting figure, it is necessary to subtract the hours by which labor days were reduced before non-working holidays during the year (for example, before May 9, March 8, etc., working days are reduced by 1 hour). Norms for the year are calculated before the end of the previous calendar year, taking into account the requirements of the Labor Code of the Russian Federation and the annually adopted resolutions of the Government of the Russian Federation regarding the transfer of holidays that fall on Sunday or Saturday, work on which is not allowed. In this case, the decision, according to Art.

Before talking in detail about the norm of working time (hereinafter also - NRT), one should understand the basics: what it consists of and what it affects. In this article, we analyze in detail how the norm of working hours for 2017 is calculated.

Annual Challenge

To produce any type of product, including in completely different industries and production, the agricultural sector, it is necessary to use the labor skills of the relevant personnel. From getting a kitchen stool to creating jet aircraft any product or product is produced anyway with the participation of a person.

A group of specialists, a large team or an individual master in their sector of activity spend a certain amount of time on work. Therefore, when planning production processes and mutual cooperation with other companies and buyers of manufactured products, the manufacturer must calculate in advance the working hours for each specialty involved in his enterprise. Ultimately, this also affects the number of employees who can be accepted into the organization.

In short, the management, together with the HR department and raters, has to calculate the NRT every year.

How to determine the annual rate

First, let's break down the term itself. As a general rule, the norm of working time is the number of hours spent on work for a calendar period. Usually. Based on 40 hours a week.

Today, it is calculated on the basis of the order, which is set out in the order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 No. 588n (hereinafter also referred to as the Order).

According to the provisions of this regulatory act, the duration of the working week (at a rate of 40 working hours, and sometimes less) is divided by the number 5 (if a person works on a 5-day schedule) and multiplied by the number of working days per year. After that, from the result obtained, the number of hours by which the working days were reduced, which go right before the official public holidays, is subtracted:

  • New Year;
  • May 9;
  • other similar holidays.

By law, a working day and at the same time a pre-holiday day is usually considered to be reduced by 1 working hour.

Standard working hours for next year must be calculated before the end of the previous year. In this case, you need to take into account:

  1. Requirements of the labor legislation of the Russian Federation.
  2. Decrees of the Government of the Russian Federation, corrective working and holidays for next year.

So, regarding the period of 2017, the Cabinet of Ministers of the Russian Federation issued a resolution of August 04, 2016 No. 756. It says that such days of rest will be postponed:

  • 01/01/2017 to 02/24/2017;
  • 01/07/2017 to 05/08/2017.

Number of working hours in 2017

When determining it, the following provisions should be taken into account:

  • even if the employee works 5 or 6 days a week, Sunday is considered a day off;
  • it is possible to postpone a day off for individual specialists only if the enterprise objective reason does not have the ability to stop the workflow for the weekend. That is, the staff must perform their duties both on Saturday and Sunday. This is evidenced by article 111 of the Labor Code;
  • article 112 of the Labor Code of the Russian Federation contains a list of holidays, upon the occurrence of which employees rest.

The Labor Code also includes the New Year holidays as holidays (from 01.01 to 08.01 inclusive). Christmas is also classified as a holiday with the appointment of a day off.

In addition, a holiday that falls on a weekend transfers such a day of rest. This principle works every year. The only exception is the first 8 days of January - New Year and Christmas. The fact is that the transfer of days of rest to the New Year holidays does not automatically occur. Every year, the Government of the Russian Federation, in a separate order, approves in return the days when employees of enterprises rest and do not go to work. This moment is stipulated by part 5 of article 112 of the Labor Code of the Russian Federation.

According to the legislation (part 1 of article 95 of the Labor Code of the Russian Federation), the length of the working day on the eve of an official holiday should be cut by 1 hour.

All of the above requirements of the Labor Code of the Russian Federation, as well as the accounting of the Procedure, are the basis for calculating working time for a calendar year. Speaking specifically and in numbers, the norm of working hours for 2017 will be as follows:

Average monthly NRT for 2017

Meanwhile, knowledge of the total annual time for work does not give a complete picture of the working hours in each month. Full accounting requires being aware of the average monthly working time (each month separately).

For these purposes, the number of calendar days in a month matters. It can be from 28 to 31. So, 2017 is not considered a leap year. In addition, each month has its own number of holidays and days off. And it differs significantly. For example, in January - as many as 8 days in addition to the weekend are declared non-working. But April and October in 2017 do not have non-working holidays at all.

Local Features

The above figures apply to all Russian Federation. But in some regions, their own days of rest associated with local religious holidays can be announced. Namely, on the basis of Article 4 of the Law “On Freedom of Conscience and Religious Associations” of September 26, 1997 No. 125-FZ.

There are also additional provisions, which give the authorities of the constituent entities of the Russian Federation to make some calendar dates days off for reasons other than religious ones. These are article 6 of the Labor Code and paragraph 8 of the letter of the Ministry of Labor of Russia dated June 10, 2003 No. 1139-21.

In such cases, the estimated norm of hours of work for 2017 will look different than in the main in Russia.

Local destination weekends have an essential feature. If they are introduced, then the region compensates itself for all losses in income.

Employee category accounting

It is necessary to calculate NRV taking into account the category of specialist and the specifics of the work. So, in certain moments, the working time of the staff should be cut. Despite the fact that other employees of this enterprise, working on the same schedule, do not receive changes in their work schedule.

Normal working hours per week under article 92 of the TCRF cannot exceed 40 hours per week. The standard applies to all companies and does not take into account the form of ownership (state or private enterprise). But there are exceptions if the working conditions are hazardous to health. Some sectors are regulated by internal administrative acts.

The main goal is to optimize labor costs and the distribution of activities over time. Typically, load optimization is needed when an organization is operating more than expected.

How to make a schedule

Usually a standard schedule with 2 days off and 5 working days (from Monday to Friday) is applied. The duration of work per day is regulated by an internal regulation (usually this is a routine), as are approved breaks. Under standard conditions, this is an eight-hour working day from 8 or 9 am to 5 or 6 pm, with a lunch break of one hour. Production conditions sometimes force a six-day work week with 1 day off.

If you work full time, how many hours is that? Labor Code- easy to calculate (duration per week divided by days). The result is 8 hours.

When approving the schedule, additional days off are indicated - these are public holidays (or local). The volume of hours per day before the holiday is reduced by one. With six days on such a day (if activities are carried out), the period of work is no longer than 6 hours.

There are several modes of working time:

  • in one shift;
  • irregular;
  • flexible schedule;
  • shift;
  • rotational;
  • divided into several parts.

Many companies prefer not to make a schedule, but only approve the general specifics of their activities. This is possible if there are no specific nuances (teenagers, shift work, duty).

Cases for the use of a shortened day

The norms of the Labor Code also establish a reduced or part-time working day. These concepts are applied in various situations.
Reduced hours of work are set for specific employees or positions. It comes with the following restrictions:

  • the number of years;
  • conditions of activity (complexity and hazardous production);
  • physiology and others.

The length of the working week is legally derived:

  • up to 36 hours can be for employees whose age is determined in the range from 16 to 18 years or when working in hazardous work, women working in the village, people with disabilities (with the exception of group III);
  • up to 24 hours - teenagers (15, 16 years old), or 14 - 15-year-olds working during the holidays.

Specialties with harmful conditions listed on a specialized list.(specific workshops and positions are indicated there). These include chefs who spend their working day next to the stove or employees at pastry ovens.

Duration of working hours when working part-time with training should not exceed 36 hours per week. A similar period of work is taken into account for employees if the activity is related to high level stress (intellectual), tension (from 18 hours per week).

There is another option - part-time. How many hours it is, according to the Labor Code is not established. The period is necessarily shortened by a working day or more relative to the standard duration.

Part-time work is established by signing an agreement with the head of the enterprise and the employee even during the execution of documents.

Wages are proportional to fixed hours. If it is planned to make changes to working conditions, transfer employees to part-time work, this must be notified in advance (2 months in advance). For an employee, there are standards for the provision and number of days of vacation, length of service, and other rights.

open Joint-Stock Company"Icarus"

APPROVE
Boss
Schedule for October 2016 signature Petrov I.L.
Engineering service 31.08.2016

Head of the engineering service signature Drozdov O.A.

The difference between reduced and part-time work is not only in the number of hours, but also in the payment of wages. It does not depend on the norms of time, but is paid in full, as approved by law for a specific activity (conditions or categories).

If the activity of the enterprise involves continuous production or the period of work is longer than the allowable for 1 day, the entire company or a specific department works in several shifts.

Irregular working hours

There is a category of employees whose period of activity (due to their peculiarities) is difficult to account for. These include chiefs, business executives, administrative staff. An irregular working time schedule is drawn up in the same way as a regular one. They are subject to all provisions of the Labor Law.

Work outside normal working hours is done when absolutely necessary. Payment for this period (in excess of the appointed one) is not charged. And compensation for processing is provided for in the contract or additional normative documents signed by the head.

How many hours is an irregular working day according to the Labor Code of the Labor Code of the Russian Federation is not fixed. But such work cannot be more than 4 hours in 2 days (following each other) and 120 hours in a calendar year. Tasks performed by an employee or provided for by him official duties or instructions from the manager.

Work at night

Separate conditions apply to work carried out at night. This is the period from 10 pm to 6 am. The duration of the shift is then reduced by an hour. This does not apply to employees on shortened working hours. Not allowed to work on the night shift:

  • pregnant women;
  • persons under 18 years of age;
  • women with babies under 3 years old.

A complete list of persons is given in the Labor Code (Article 96).

Workers at night and holidays can be involved in duty. They provide and control the order, the solution of urgent issues. It is impossible to conduct shifts if they are not agreed with the trade union.

Such days are taken into account in the schedule and are subject to compensation. Within 10 days, a person has the right to receive a day off equal in duration to the period of duty. In the event that an employee leaves, he is given time off until the order is signed. No monetary compensation is paid for duty, no increased time off is provided, and these days are not added to vacation.

It is forbidden to involve in duty:

How to create a flexible work schedule

A sample of such a document can be easily compiled by yourself. They make up such a schedule for organizations that, due to the specifics of their activities, do not have standard days off. Often, as a result of this, it is necessary to keep a summarized record of working time (an employee works a different number of hours during the week (24, 48, 30)). This approach makes it possible to comply with the norms established by law for a month or a year.

The rolling schedule includes work carried out in three days or two in two. Mandatory established mode, type of time tracking are reflected in internal documents.

There are a few things to keep in mind when drawing up a schedule.. so that after processing does not work out according to the norms of the Labor Code:

  1. Selecting an accounting period. The schedule is drawn up immediately for the entire period. Legislatively, it can be from a month to a year. The employer chooses the period independently. But such a period is optimal, which allows you to bring the schedule in accordance with the standards in order to be able to set days off or extra days.
    For certain categories, for example, drivers, the accounting period according to the law is 1 month, and for seasonal work, a maximum of six months.
  2. Number of employees per place. Each employee must work no more than the established standard of 24, 35, 36 or 40 hours per week. And if the working day coincided with the holiday, then the payment for it goes at a double rate or an additional day off is provided.
  3. Rest day order. It is not necessary to make weekends equal, but it is necessary to fulfill the norm - continuous rest every week is 42 hours.

The deadline for bringing it to employees is not fixed (in contrast to the shift schedule). If one of the employees goes on sick leave, then the schedule is subject to change.

There is no unified form, but you should definitely consider the following columns:

  • initials and surname, position of the employee;
  • start and end of the shift;
  • break time;
  • shift, their order;
  • how many employees per shift.

Do not forget to leave a place in the table where employees can sign after familiarization.

Open Joint Stock Company "Forest Eagle"

APPROVE
Boss
Schedule of shifts for October 2016 signature Vnukov I.I.
Engineering service 31.08.2016

The duration of the shift is 8 hours.
Rest time 1 hour.
1 shift from 7.00 to 16.00, lunch from 12.00 to 13.00;
2nd shift from 16.00 to 1.00, lunch from 21.00 to 22.00

The wishes of the employees were taken into account.

Head of the engineering service signature Yakovlev O.V.

Shift work

If the activity of the enterprise involves continuous production or the period of work is longer than the allowable for 1 day, the entire company or a specific department works in several shifts. All employees in the specified period carry out activities in different shifts.

The norm of hours for shift work according to the Labor Code, if the work week is 5 days, is 8 hours. During this period, a certain shift is working.

The schedule is drawn up by the personnel department and approved by the head of the enterprise. It is necessary to notify the employee about them for a month, otherwise it will violate the rights of the employee.

There are 3 shifts in total:

  • day;
  • night (over half of the period, employees work from 22 to 6);
  • evening (she goes before the night).

Hours worked are recorded in the time sheet. According to the current situation, they are summed up or not (for a day or a week). The second option is suitable when the employee works out the legally approved norm on a weekly basis. Otherwise, a longer accounting period is required.

Article 91 of the Labor Code of the Russian Federation. The concept of working time. Normal working hours

New edition Art. 91 Labor Code of the Russian Federation

Working hours - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor obligations, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, refer to working time.

Normal working hours may not exceed 40 hours per week.

The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established length of working time per week, is determined by the federal executive body that performs the functions of developing state policy and legal regulation in the field of labor.

The employer is obliged to keep records of the time actually worked by each employee.

Commentary on Article 91 of the Labor Code of the Russian Federation

Working time consists of the hours actually worked during the day. It may be less or more than the duration of work established for the employee. Working hours include other periods within the norm of working hours when work was not actually performed. For example, paid breaks during the working day (shift), downtime through no fault of the employee.

The length of working time is, as a rule, established by fixing the weekly norm of working time.

The maximum limit of working hours is established by law, thereby it limits the length of working hours. Article 37 of the Constitution of the Russian Federation, fixing in paragraph 5 the right to rest, indicates that a person working under an employment contract is guaranteed the length of working time established by federal law.

The Labor Code assigned section IV to working time, consisting of two chapters (15 and 16).

Article 91 of the Labor Code of the Russian Federation defines working time.

Read also: Negative characteristic for an employee

Working time - the time during which the employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulatory legal acts, are related to working time. Based on this, in the rights of the parties labor relations determine the boundaries of working time, establish the beginning of the working day, its end, the time for a lunch break, as well as the mode of working hours, through which the working out of the standard of working hours established by the current legislation is ensured.

The Code emphasizes that normal working hours cannot exceed 40 hours per week. This maximum working time applies to the vast majority of workers and is therefore considered in the legal aspect to be a universal measure of labor.

The significance of the limitation of working hours by law is that:

1) ensures the protection of the health of the employee from excessive overwork and contributes to the longevity of his professional ability to work and life;

2) for the working time established by law, society, production receive from each worker the necessary definite measure of labor;

3) allows the employee to study on the job, improve their skills, cultural and technical level (develop personality), which, in turn, contributes to the growth of the employee's labor productivity and the reproduction of a skilled workforce.

The time during which the employee, although he does not fulfill his labor duties, but performs other actions, includes periods of time that are recognized as working time, for example, downtime through no fault of the employee. So, for example, in accordance with Article 109 of the Labor Code of the Russian Federation, special breaks for heating and rest are included in working hours, provided to employees working outdoors in the cold season (for example, construction workers, assemblers, etc.) or in closed unheated premises, as well as loaders engaged in loading and unloading operations. The temperature and strength of the wind, at which this type of break must be provided, is determined by the executive authorities. The specific duration of such breaks is determined by the employer in agreement with the elected trade union body.

Breaks for industrial gymnastics must be provided to those categories of workers who, due to the specifics of their work, need active rest and a special set of gymnastic exercises. For example, drivers are entitled to such breaks 1-2 hours after the start of the shift (up to 20 minutes) and 2 hours after the lunch break. With regard to any other categories of employees, the issue of granting them such breaks is decided in the internal regulations.

According to Article 258 of the Labor Code of the Russian Federation, additional breaks for feeding the child (children) are included in working hours, provided to working women with children under the age of one and a half years, at least every three hours of continuous work lasting at least 30 minutes each. Breaks for feeding children are included in working hours and are payable in the amount of average earnings.

As a rule, working hours include periods of performance of the main and preparatory-final activities (preparation of the workplace, receipt of an order, receipt and preparation of materials, tools, familiarization with technical documentation, preparation and cleaning of the workplace, delivery finished products etc.), provided for by the technology and organization of labor, and does not include the time spent on the road from the checkpoint to the workplace, changing clothes and washing before and after the end of the working day, lunch break.

In the conditions of continuous production, the acceptance and transfer of a shift is the responsibility of shift personnel, provided for by the instructions, norms and rules in force in organizations. The transfer and acceptance of the shift is due to the need for the employee receiving the shift to get acquainted with the operational documentation, the state of the equipment and the progress of the technological process, to accept oral and written information from the employee handing over the shift to continue the technological process and equipment maintenance. The specific duration of the transfer-reception of a shift depends on the complexity of the technology and equipment.

At the same time, given that Article 91 of the Labor Code of the Russian Federation gives the parties to labor relations the right to determine the principles for regulating working hours themselves, the issues of including the above time periods in working hours should be decided by them independently. The adopted decision is fixed in the rules of internal labor regulations approved in accordance with the established procedure.

Normal hours of work may not exceed 40 hours per week, either on a five- or six-day working week. This is the norm of working hours established by law (Article 91 of the Labor Code of the Russian Federation), which must be observed by the parties to the employment contract (employee and employee) throughout the Russian Federation, regardless of the organizational and legal form of the enterprise, type of work, duration of the working week. Normal working time is a general rule and applies if the work is performed under normal working conditions and the persons performing it do not need special labor protection measures; applies to employees of physical and mental labor. Normal working hours should be of such duration as to preserve the possibility of life and work. Its duration depends on the level of development of the productive forces.

It should also be taken into account that the normal working hours established by Article 91 of the Labor Code of the Russian Federation apply equally to both permanent and temporary seasonal workers, to workers hired for the duration of certain work (Articles 58, 59 Labor Code of the Russian Federation), etc.

The legislator provides for the obligation of the employer to keep records of the time actually worked by each employee. The main document confirming such accounting is the time sheet, which reflects all work: daytime, evening, night hours of work, hours of work on weekends and holidays, overtime hours of work, hours of reduction of work against the established length of the working day in cases provided for legislation, downtime through no fault of the employee, etc.

It is necessary to distinguish between the duration of working hours during the day and the norms of working hours. The duration of the working week is calculated from seven hours of the duration of the working day, the length of working time during the day may be different.

In addition to normal working hours, the Labor Code of the Russian Federation regulates the issues of reduced working time, part-time work, irregular working hours, overtime work, etc.

Another commentary on Art. 91 of the Labor Code of the Russian Federation

1. Article 91 of the Labor Code, firstly, contains a definition of working time, secondly, establishes its maximum duration and, thirdly, indicates the obligation of the employer to keep records of working hours.

2. The definition of working time, given in Part 1 of Art. 91 of the Labor Code, is based on the prevailing in Russian science labor law concept of working time and focuses on the factor of obligation: the time during which the employee must perform labor duties can be attributed to the worker. In the definition, in essence, two different concepts are identified: working time as such and its norm. It must be borne in mind that the actual hours worked may not coincide with the norm of working hours established by the internal labor regulations or the employment contract. Work in excess of the working hours established for the employee is also considered working time with all the ensuing legal consequences, even if the employer involved the employee in such work in violation of the law and the employee was not obliged to perform it. In such cases, one should be guided by the definition of working time, which is given in ILO Convention No. 30 (1930), where working time is understood as the period during which the worker is at the disposal of the employer. Similar definitions of working time are given in ILO Conventions Nos. 51, 61.

3. Art. 91 of the Labor Code of the Russian Federation emphasizes that other periods are also included in working hours, which, in accordance with the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, refer to working hours. Such periods are special breaks for heating and rest, breaks for feeding a child (see Articles 109, 258 of the Labor Code of the Russian Federation and commentary on them).

The collective agreement may also establish other periods relating to working time.

4. Norm of working hours - the number of hours that an employee must work during a certain calendar period. The basis for determining the norm of working time is the calendar week. Based on the weekly norm, if necessary, the norm of working time for other periods (month, quarter, year) is established.

5. For a long period, until 1992, in our country, the state established strict working time standards that were mandatory for the parties to an employment contract. The legislation explicitly stated that the norms of the length of working hours could not be changed by agreement between the administration and the trade union committee or on the basis of an agreement with the worker and employee, either upwards or downwards. Exceptions to this rule were established in the law itself.

Modern Russian labor legislation - in accordance with the Constitution of the Russian Federation and international legal acts to which Russia has acceded - assigned to labor legislation in the field of regulation of working time the function of labor protection, implemented by establishing the law of the maximum measure of labor, which employers neither independently nor according to by agreement with the representative bodies of employees or with the employees themselves, they cannot exceed (exceptions to this rule are allowed only in cases established by law - see Articles 97, 99, 101 of the Labor Code of the Russian Federation and commentary thereto). The specific norm of working time is established by a collective agreement or agreement and may be lower than this limit norm (see article 41 of the Labor Code of the Russian Federation and commentary thereto).

6. The normalization of working hours is carried out taking into account working conditions, age and other characteristics of employees and other factors. Depending on the established duration of working hours, labor legislation distinguishes the following types of it:

a) normal working hours;

b) reduced working hours (Article 92 of the Labor Code of the Russian Federation);

c) part-time work (Article 93 of the Labor Code of the Russian Federation).

7. Normal working time is the length of working time applied if the work is performed under normal working conditions and the persons performing it do not need special labor protection measures. Article 91 of the Labor Code of the Russian Federation defines the limit of normal working time at 40 hours a week. Within these limits, the normal duration of working hours is established by the collective agreement, agreements. In cases where the collective agreement was not concluded or the condition on the duration of work was not included in the collective agreement, the real norm of working time is marginal rate established by law - 40 hours a week.

8. Accounting for the time actually worked by each employee should be kept in organizations of all organizational and legal forms, except budget institutions, according to the forms T-12 “Time sheet and payroll calculation” or T-13 “Time sheet”, approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 N 1. Accounting for the working time of each employee working under an employment contract , should be conducted by the employer - an individual entrepreneur.

  • Chapter 15 of the Labor Code of the Russian Federation. General provisions
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  • Article 92 of the Labor Code of the Russian Federation. Reduced hours of work

What is working time according to the Labor Code

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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. Obtaining the right to carry out labor activity, a person will exercise it 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. Work time- this is the period during which hired personnel must fulfill their functional responsibilities regulated in the terms of the employment contract and the internal labor regulations.

Working hours also include certain other periods that are considered as such in accordance with legislative acts, namely:

  • forced downtime;
  • shift change;
  • stay on a business trip;
  • break for lunch, if at this time you can not leave your workplace;
  • special breaks for those working during the cold periods of the year, at 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

IN 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).

FOR YOUR INFORMATION! A lunch break, which is provided to employees in the middle of a work shift (day) lasting no less than half an hour and no 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 intervals related to working time, for which certain standards are established.

  1. 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.
  2. 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- introduced by agreement between the parties, when the payment is considered in proportion to the hours worked, such a schedule can be established for certain categories of employees (pregnant, caring for children or the disabled, parents of children under 14 years old);
    • 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).
  3. 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 the regulatory documents of the company and can be:
    • month;
    • quarter;
    • any other period not exceeding a year.
  4. 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 the collective agreement, the reduction is also not made.

About working hours

For a long time, the length of the working day was considered the main measure of working time (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 of the accounting norm was taken by the 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).

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Pay slips do not need to be printed.

Employers do not have to give employees pay slips on paper. The Ministry of Labor does not prohibit sending them to employees by e-mail.

"Physicist" transferred payment for the goods by bank transfer - you need to issue a check

In the case when an individual transferred to the seller (company or individual entrepreneur) payment for the goods by bank transfer, the seller is obliged to send a cash receipt to the buyer-physicist, the Ministry of Finance believes.

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Medical examination for working at a computer: mandatory or not

Even if an employee is busy working with a PC for at least 50% of the working time, this in itself is not a reason to regularly send him for medical examinations. Everything is decided by the results of certification of his workplace according to working conditions.

Changed operator electronic document management- inform the IFTS

If the organization has refused the services of one electronic document management operator and switched to another, it is necessary to send the TCS to tax office electronic notification of the recipient of documents.

Rest time according to the Labor Code

Legislation governs labor relations between an employee and an employer, incl. in terms of periods of time in which the employee works and rests. Rest time according to the Labor Code is:

  • the time at which the employee is released from the need to work;
  • time, which the employee can dispose of at his own request.

Therefore, the employer is only concerned with the process of establishing an appropriate schedule for the employee's rest. He has no right to manage this time.

Right to rest

Every person has the right to rest. This right directly follows from the provisions of Article 37 of the Constitution of the Russian Federation.

The Labor Code regulates working hours and rest periods in the relevant sections IV and V.

The employee has the right to rest, including, incl. normal working hours, 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 Order. 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 week and a 40-hour working week, the duration of the shift is eight hours. If the working week is shorter, the corresponding number of hours must be divided by 5 to obtain the shift standard.

Please note that the rest between shifts for such a category of workers as drivers of vehicles is regulated by the Regulations. approved by the Order of the Ministry of Transport of Russia dated August 20, 2004 N 15.

Break in work under the Labor Code

The Labor Code of the Russian Federation provides for two types of breaks:

  • for rest and food;
  • special breaks.

Breaks for rest and meals are provided to all employees without exception. The duration of such breaks should be from thirty minutes to two hours. The specific duration of time for meals and rest is determined either independently by the employer in the rules of labor regulations, or by agreement with the employee.

The length of the working day under the Labor Code of 2019 cannot exceed certain values ​​for certain categories of workers. Let us 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 2019

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 Rostrud back in 2007 (letter of Rostrud “Multi-shift mode of operation” dated 01.03.2007 No. 474-6-0).

In the Labor Code of the Russian Federation, only the maximum weekly duration of labor is fixed. 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).

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 does not discuss the maximum time of daily work with a 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.

Thus, 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 the most rational, since it has been proven that in this case maximum labor productivity is achieved. In addition, employees working under this scheme always have 2 days off, which most often fall on Saturday and Sunday, which has a beneficial effect on the efficiency of the organization.

A different distribution of working days in a week is also possible, for example, during shift work. In this case, days off often do not fall on Saturday and Sunday, are not tied to these days.

With a part-time work week, a worker can work even 1 day a week - it all depends on the number of his weekly working hours. For example, if there are only 5 of them per week, there is no point in stretching these hours for 5 working days, although this is not prohibited by law.

The employer himself decides how it is expedient to distribute the working hours allocated to the employee within the framework of the week. The main rule is that the total number of weekly hours of work should not exceed 40, and the weekly uninterrupted rest should not be less than 42 hours.

For some categories of workers, the maximum length of the working day is legally established. Consider which categories of workers this applies to and what is the maximum daily working time.

Working hours for minors

As mentioned above, the law does not set a general maximum number of hours per day for all categories of workers. At the same time, Art. 94 of the Labor Code of the Russian Federation establishes categories of workers who cannot work more than a certain number of hours a day. The same rules apply to the maximum duration of a shift in a shift schedule.

Minors are less protected than adults. Their body and psyche have not yet been fully formed, which was the reason for the legislator to fix for minors in Art. 94 of the Labor Code of the Russian Federation, reduced daily labor time (as well as reduced labor time per week, established in article 92 of the Labor Code of the Russian Federation).

At the same time, the duration of the daily work of students depends on the period in which they work: during holidays or school hours. The law provides for the following maximum length of the working day (shift) of employees during holidays:

  • for employees aged 14 to 15 years - 4 hours;
  • employees aged 15 to 16 - 5 hours;
  • employees aged 16 to 18 years - 7 hours.

The same rules apply to minors who do not study anywhere.

Don't know your rights?

For minors who work during school year fixed a shorter working day. 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 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 (hereinafter referred to as the 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 (the law "On special evaluation working conditions” dated December 28, 2013 No. 426-FZ, art. nine).

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- 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 connected 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 as:

  • 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).

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 week, the work time on the holiday day or the day before the day off cannot be more than 5 hours. There are no similar rules regarding the five-day work week.

An indicative list of holidays 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.

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 (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.

What is working time, how to find out how much you need to work during the day, week or month when you can rest - every employee asks himself these questions, since his salary directly depends on the correct answers to them. Up-to-date information on the standards for the working day, month and year, methods of time recording is also necessary for accounting and personnel employees, who must be able to take into account the working hours of various categories of personnel in accordance with the requirements of the current legislation.

Time to work

When hiring, the duties of the employee, his salary, which directly depends on the time worked, are discussed. In addition to the employment contract, it is useful for a beginner to study the internal company rules; these documents contain all the main provisions regarding the labor schedule.

The working day should be long enough to ensure the required productivity and include time for rest before a new shift. And the state also limits the time of work by law.

The working day includes time for preparatory, main and final work

Functions of working time: protective (have time to rest), production (have time to produce a product or provide a service), guarantee (work no longer than allowed by the state).

The usual length of time for work is no more than forty hours a week. The duration of work per month, quarter or year is considered based on this norm. It is impossible to increase the weekly rate, although a working week of 40–48 hours is sometimes considered acceptable.

The duration of the working week was first established at the legislative level back in the 30s of the XX century. It was then that the relevant norms appeared in international documents.

For those who need protection from the state, a reduced duration of work has been established. For disabled people, working children, nursing mothers, it is important to consider how the working day is used. These categories of workers should have the opportunity to rest, maintain their health and develop personally.

Therefore, during the week, children 14–16 years old can work no more than 24 hours, adolescents 16–18 years old and people with disabilities (groups I, II) - no more than 35 hours, in hazardous work - no more than 36 hours a week.

Reduced working hours for the disabled

Harmful production implies the presence of factors that, when exposed to the human body, lead to diseases. Among them: noise, vibration, electromagnetic radiation, chemical effects that cause carcinogenic and mutagenic changes in the body.

Another option is part-time work. They agree on a part-time work schedule when applying for a job, but it is possible to switch to part-time employment at any time. Partial day is set indefinitely or for a certain period.

The norm of working time is 40 hours per week, reduced working hours can be 24, 35 or 36 hours (for certain categories of workers).

Correctly keep records of working hours in the interests of both the employer and employees

Working day (shift)

A working day with a 40-hour week lasts 8 hours (Labor Code of the Russian Federation). To calculate the duration of work during the day, we divide the norm of working time by 5 (five days). On the eve of the holiday, they work one hour less.

Check out our full guide to implementing shift schedules:

For those who work six days a week, the working day on Saturday should not exceed 5 hours.

A work shift can last up to 12 hours (working week - 36 hours) or up to 8 hours (working week - 30 hours or less), this is fixed in the agreement between management and employees and industry standards.

Table: working day and working week for different categories of workers

Category Working week, hours Working day (shift), hours
General case40 8
Children from 14 to 15 years oldno more than 244
Children from 15 to 16 years oldno more than 245
Children from 16 to 18 years old35 7
Disabled people of I and II groups35 in accordance with the medical report
Work with harmful and dangerous working conditions36 8
Work with harmful and dangerous working conditions
(part-time work)
30 6

Working hours for the period (month, quarter, year)

The weekly amount of work time (normal 40 hours or reduced - 24, 25, 36 hours) is divided by 5 and multiplied by the number of days of work per month (five days), we subtract from the private those hours by which the working days were reduced before the holidays (if the holiday follows a weekend, they work as usual on the day before the holiday).

They work one hour less if the days of December 31, February 22, March 7, April 30, May 8, June 11, November 3 fall on weekdays.

Calculate the opening hours for February 2018.

We have: 28 calendar days, Sunday falls on the numbers: 4, 11, 18, 25.

February has 4 full weeks of 40 hours each, one holiday and one pre-holiday day (minus one hour).

40 * 4 - 8 - 1 = 151 hours.

In total, in February we will work 151 hours.

The annual amount of working time is determined according to the same principle. We divide the weekly fund (40, 36, 35, 24 hours) by 5, multiply by the number of weekdays in a year for a five-day period. From the total we subtract the amount of hours by which we reduced the working days before the holidays.

How to fill out the time sheet correctly:

So, the working week is 40 hours (normal) or 36, 35 or 24 hours (shortened), the working day lasts respectively 8, 7, 6 or 4 hours. Sometimes the working day is extended to 12 hours, such a decision is fixed in the internal regulations.

Table: working time fund for the IV quarter of 2017 (five days)

2017,
IV quarter
Working hours, hours Rest time, days
40 hour
a week
36 hour
a week
24 hour
a week
October176 158,4 105,6 9
November167 150,2 99,8 9
December168 151,2 100,8 10

Let's calculate the working time and the duration of rest for the normal and reduced duration for 2018.

Table: working time fund for 2018 (five days)

2018 Working hours, hours Rest time, days
40 hour
a week
36 hour
a week
24 hour
a week
January136 122,4 81,6 14
February151 135,8 90,2 9
March159 143 95 11
April167 150,2 99,8 9
May159 143 95 11
June159 143 95 10
July176 158,4 105,6 9
August184 165,6 110,4 8
September160 144 96 10
October184 165,6 110,4 8
November168 151,2 100,8 9
December167 150,2 99,8 10

A normal workweek lasts five days a week or 40 hours, with an average of 21–22 working days or 160–170 hours per month.

Time to relax

The employee spends his free time taking into account personal needs, not working during this period.

Rest time includes:

  • lunch break (during the day),
  • rest after work
  • vacation,
  • non-working days
  • weekend.

In addition to lunch, there may be other breaks during the day, for example, related to the peculiarities of production (work technology), or time for heating and rest. But the time of feeding a child up to one and a half years (Article 258 of the Labor Code of the Russian Federation) is not a break for rest. If they work no longer four hours per day, then there may not be a lunch break (to clarify this, see the house rules).

Break during the working day, rest after the work shift, vacation, days off are types of rest

Recreation: types and restrictions

Lunch break can take from 30 minutes to 2 hours, this is non-working time, so it is not paid. When you can take a break and how long it lasts is determined by internal company rules (agreements).

A day off is a period starting from the moment of completion of work (shift) and until the start time of work (shift) on the day following the day off. The duration of the weekend is no more than 42 hours (Article 112 of the Labor Code of the Russian Federation). All workers have days off, on a six-day week Sunday is a day off, on a five-day week it is Sunday and one more day, determined by internal company rules (Article 111 of the Labor Code of the Russian Federation). A day off in an organization does not have to coincide with a traditional day off. If it is required by the production or organization of labor at the enterprise, any other day of the week can become a day off.

Days closed due to holidays:

  • New Year holidays (January 1–8).
  • Christmas (January 7).
  • Defender of the Fatherland Day (February 23).
  • International Women's Day (March 8).
  • Holiday of Spring and Labor (May 1).
  • Victory Day (May 9).
  • Day of Russia (June 12).
  • National Unity Day (November 4).

If the holiday falls on a day off, as, for example, in 2017 on November 4 - National Unity Day (Saturday), then the next working day after the holiday - November 6 (Monday) - becomes a day off. Sometimes weekends can be moved to other days, in which case the Government issues an appropriate instruction.

The presence of a festive non-working day in the working month should not affect the salary of employees.

You can be called to work on a day off or a holiday with the written consent of the worker. But in emergency situations, such as the prevention of disasters or the elimination of their consequences, an accident at work, going to work is mandatory (Article 113 of the Labor Code of the Russian Federation). Engaging a worker to perform labor functions on weekends and holidays is paid additionally.

In so-called continuously operating organizations, even on holidays, employees go to work and perform their functions (for example, urgent repair work, public service). At the same enterprises, it is impossible to reduce working time by an hour before a holiday, so employees are given additional time for rest or (with their consent) they are paid for this working time as overtime.

Now about holidays. Every year, an employee has the right to rest 28 calendar days. For some professions there is an additional vacation, it lasts at least 7 days. Article 116 of the Labor Code of the Russian Federation explains who is entitled to it:

  • all people working in hazardous and hazardous industries;
  • those who have irregular working hours or special working conditions;
  • workers in the Far North.

Every year, each employee must rest at least 14 days in a row

Work above the established norm

Issues of increasing working hours are considered in Article 97 of the Labor Code of the Russian Federation. Options for working in excess of the norm - overtime work or an irregular work schedule.

If a person works more than 40 hours a week, performing his duties at this time, then such work is called overtime (Article 99 of the Labor Code). Overtime usually does not last long (when you urgently need to finish some unfinished business or project), while the management draws up an appropriate order.

Periodically, at the direction of the employer, individual employees are involved in the implementation of additional work in the irregular schedule mode (Article 101 of the Labor Code). An irregular schedule is provided for some positions, and it is discussed at the time of applying for a job.

Part-time work

In his spare time from his main job, an employee can work at another job, which is paid regularly. Such employment is called part-time work. In the employment contract for part-time work, there will be a note that the work is performed part-time.

You can work in a combined position with the main place for no more than 4 hours a day. On days when the employee has a rest at the main job, you can work part-time and full-time. For a month, a part-time worker can work no more than 50% of the norm of work time, that is, with an established 40-hour work week, it turns out that no more than 20 hours.

But it is also possible to combine positions at the main job, if during the working day for an additional fee the employee agrees to perform a larger amount of work. You can combine work in the same or another profession (position). This is possible if service areas increase, the amount of work increases, or someone needs to be temporarily replaced. The consent to perform the additional amount of work the worker draws up in writing.

If day by day the amount of work time is always the same, its duration is established by law, then daily records of hours worked are kept.

If the company works according to the schedule or goes to work in a shift, and only the weekly standard of work time is observed, then weekly records are kept.

It happens, due to the peculiarities of production, that the norm of working time during the day and week is not maintained, then the accounting of labor time is carried out for a designated period - a month, a quarter or a year. This control option is called summarized accounting, in which the total operating time for the period must remain within the intervals specified by law.

Accounting for working hours is carried out using a time sheet in the form of T-12

Video: instructions for recording work time

The time allotted for work may have a normal, reduced or incomplete duration. Normally, weekly employment does not exceed 40 hours, which corresponds to an eight-hour working day, a lunch break lasts from 30 minutes to 2 hours. Each year, an employee is entitled to a vacation of 28 days, and people with an irregular schedule also receive additional vacation. Salaries are calculated on the basis of hours worked, for its accounting they fill out a special time sheet form.

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