Working time is the time during which the employee. Labor Code of the Russian Federation. Working hours and rest time Labor protection in the Labor Code of the Russian Federation
Chapter 15. General Provisions
Article 91. The concept of working time. Normal working hours
Work 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 obligations, as well as other periods of time that, in accordance with laws and other regulatory legal acts, refer to working time.
Normal working hours may not exceed 40 hours per week.
The employer is obliged to keep records of the time actually worked by each employee.
Article 92. Reduced hours of work
Normal hours of work are reduced by:
- 16 hours a week - for employees under the age of sixteen;
- 5 hours a week - for employees who are disabled people of group I or II;
- 4 hours per week - for employees aged sixteen to eighteen;
- 4 hours a week or more - for workers employed in jobs with harmful and (or) dangerous working conditions, in the manner established by the Government Russian Federation.
The federal law may establish reduced working hours for other categories of employees (pedagogical, medical and other employees).
Article 93. Part-time work
By agreement between the employee and the employer, part-time work or a part-time work week can be established both at the time of employment and subsequently. The employer is obliged to establish part-time work or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for the sick family member in accordance with the medical report.
When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.
Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.
Article 94. Duration of daily work (shift)
The duration of daily work (shift) cannot exceed:
- for employees aged fifteen to sixteen - 5 hours, for those aged sixteen to eighteen years - 7 hours;
- for students of general educational institutions, educational institutions of primary and secondary vocational education who combine study with work during the academic year, aged from
- fourteen to sixteen years - 2.5 hours, at the age of sixteen to eighteen years - 3.5 hours;
- for the disabled - in accordance with the medical report.
- with a 36-hour work week - 8 hours;
- with a 30-hour work week or less - 6 hours.
Article 95
The duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour.
In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on the holiday day, processing is compensated by providing the employee with additional rest time or, with the consent of the employee, payment according to the norms established for overtime work.
On the eve of the weekend, the duration of work with a six-day working week cannot exceed five hours.
Article 96. Night work
Night time is from 22:00 to 06:00.
The duration of work (shift) at night is reduced by one hour.
The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement.
The duration of work at night is equalized with the duration of work during the day in cases where it is necessary for working conditions, as well as for shift work with a six-day work week with one day off. List specified works may be determined by a collective agreement, a local normative act.
To work at night are not allowed: pregnant women; disabled people; employees under the age of eighteen, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws. Women with children under the age of three, employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical report, mothers and fathers raising children under the age of five without a spouse (wife) , as well as guardians of children of the specified age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report. At the same time, these employees must be informed in writing of their right to refuse to work at night.
The procedure for night work of creative workers of cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses, mass media and professional athletes in accordance with the lists of categories of these workers approved by the Government of the Russian Federation may be determined by a collective agreement, local normative act or agreement of the parties to the employment contract.
Article 97. Work outside the normal working hours
Work outside the normal working hours can be carried out both at the initiative of the employee (part-time work) and at the initiative of the employer (overtime work).
Article 98
At the request of the employee, the employer has the right to allow him to work in another way. employment contract in the same organization in a different profession, specialty or position outside the normal working hours in the order of internal part-time work.
The employee has the right to conclude an employment contract with another employer to work on the terms external combination unless otherwise provided by this Code or other federal laws.
Work outside normal working hours may not exceed four hours per day and 16 hours per week.
Internal combination is not permitted in cases where a reduced working time is established, with the exception of cases provided for by this Code and other federal laws.
Article 99. Work outside the normal working hours at the initiative of the employer (overtime work)
Overtime work - work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours for the accounting period.
Involvement in overtime work is carried out by the employer with the written consent of the employee in the following cases:
1) in the performance of work necessary for the defense of the country, as well as to prevent a production accident or eliminate the consequences of a production accident or natural disaster;
2) in the production of public necessary work for water supply, gas supply, heating, lighting, sewerage, transport, communications - to eliminate unforeseen circumstances that disrupt their normal functioning;
3) if necessary, perform (finish) the work begun, which, due to an unforeseen delay due to specifications production could not be performed (completed) during the normal number of working hours, if failure to perform (non-completion) of this work may entail damage or destruction of the property of the employer, state or municipal property, or create a threat to life and health of people;
4) in the performance of temporary work on the repair and restoration of mechanisms or structures in cases where their failure may cause the termination of work for a significant number of employees;
5) to continue work in the absence of a replacement employee, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee.
In other cases, involvement in overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected trade union body of this organization.
It is not allowed to involve pregnant women, workers under the age of eighteen, and other categories of workers in overtime work in accordance with federal law. Involvement of disabled people, women with children under the age of three years, to overtime work is allowed
with their written consent and provided that such work is not prohibited by them for health reasons in accordance with a medical report. At the same time, disabled people, women with children under the age of three, must be familiarized in writing with their right to refuse overtime work.
Overtime work must not exceed four hours for each employee on two consecutive days and 120 hours per year.
The employer is obliged to ensure that overtime work performed by each employee is accurately recorded.
Chapter 16
Article 100. Working hours
Working hours must include working week(five-day with two days off, six-day with one day off, working week with the provision of days off on a rotating schedule), work with an irregular working day for certain categories of workers, the duration of daily work (shifts), start and end times of work, break times in work, the number of shifts per day, alternation of workers and non-working days which are established by the collective agreement or the internal labor regulations of the organization in accordance with this Code, other federal laws, the collective agreement, agreements.
Features of the regime of working time and rest time for transport workers, communications workers and others who have a special nature of work are determined in the manner established by the Government of the Russian Federation.
Article 101. Irregular working day
Irregular working hours - a special mode of work, in accordance with which individual workers may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the normal working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreement or internal labor regulations of the organization.
Article 102. Work in the regime of flexible working hours
When working in flexible working hours, the beginning, end or total length of the working day is determined by agreement of the parties.
The employer ensures that the employee works out the total number of working hours during the relevant accounting periods (working day, week, month, and others).
Article 103. Shift work
Shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the allowable duration of daily work, as well as in order to more effective use equipment, increase the volume of products or services provided.
During shift work, each group of workers must perform work during the established working hours in accordance with the shift schedule.
When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees. Shift schedules, as a rule, are an annex to the collective agreement.
Shift schedules are communicated to employees no later than one month prior to their entry into force.
Working two shifts in a row is prohibited.
Article 104
In organizations or when performing certain types of work, where, due to the conditions of production (work), the daily or weekly working hours established for this category of workers cannot be observed, it is allowed to introduce a summarized accounting of working hours so that the working hours for the accounting period (month , quarter and others) did not exceed the normal number of working hours.
The accounting period cannot exceed one year.
The procedure for introducing the summarized accounting of working time is established by the internal labor regulations of the organization.
Article 105. Division of the working day into parts
In those jobs where it is necessary due to the special nature of the work, as well as in the production of work, the intensity of which is not the same during the working day (shift), the working day can be divided into parts so that the total duration of working time does not exceed the established duration of daily work. . Such a division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected trade union body of this organization.
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Work 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 regulations, are related to working time.
By duration, working hours can be: normal, reduced and part-time.
Normal working hours cannot exceed 40 hours per week.
Reduced working time is statutory hours of work less than normal, but with full pay. It is established for the following categories of workers:
- 16 hours a week - for employees under the age of 16;
– 5 hours per week - for employees with disabilities
1 or 2 groups;
— 4 hours per week — for employees aged 16 to 18;
- 4 hours a week or more - for workers employed at work
with harmful or dangerous working conditions.
For students of educational institutions under the age of 18 years of age, working in their free time from study, the working time may not exceed half the norm of an employee of the corresponding age.
part-time work is established by agreement between the employee and the employer in the form of a part-time work day or part-time work week with payment in proportion to the time worked or depending on the amount of work performed.
The employer is obliged to establish part-time work at the request of a pregnant woman, one of the parents (guardian, caregiver) who has a child under the age of 14 (a disabled child under the age of 18), as well as a person caring for a sick family member in accordance with with a medical opinion.
The duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour.
Time relax- this is the time during which the employee is free from the performance of labor duties and which he can use at his discretion.
Types of rest time:
1) breaks during the working day- no more than 2 hours and no less than 30 minutes; Employees working in the cold season outdoors or in closed unheated premises, as well as loaders engaged in loading and unloading operations, if necessary, are provided with special breaks for heating and rest, which are included in working hours.
2) daily (between shifts) rest ;
3) days off (weekly uninterrupted rest) - cannot be less than 42 hours. Weekend work is prohibited. It is allowed to attract only individual workers with their written consent and taking into account the opinion of the trade union committee in exceptional cases.
4) non-working holidays;
Non-working public holidays in the Russian Federation are:
If a weekend and a non-working holiday coincide, the day off is transferred to the next working day after the holiday.
Vacation- this is a continuous rest for several working days in a row while maintaining the place of work and average earnings. But there are additional social leave without saving wages.
Annual holidays are labor, i.e. earned. They are of two types: basic and additional.
Annual basic paid leave is granted to employees for a period of 28 calendar days. The right to use leave for the first year of work arises for the employee after 6 months of his continuous work in this organization.
Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:
- women - before maternity leave or
immediately after it;
- employees under the age of 18;
— employees who have adopted a child (children) under the age of three
months;
- in other cases stipulated by federal laws.
Extended basic leave is granted to certain categories of employees: employees under the age of 18 - 31 calendar days at a time convenient for them; teachers, lecturers, research workers of research institutes and some children's institutions - up to 48 working days; civil servants - at least 30 calendar days, prosecutors and judges - at least 30 calendar days, and in areas with severe climatic conditions - 45 calendar days, State Duma deputies - 48 working days.
Additional annual leave provided: for unfavorable working conditions; employees of the regions of the Far North and equivalent areas; workers employed in individual industries, for continuous experience at one enterprise, in an organization; employees with irregular working hours and in other cases provided for by law.
All previously listed additional holidays are provided with the preservation of average earnings.
Salary- a system of relations related to ensuring the establishment and implementation by the employer of payments to employees for their work in accordance with laws and other regulatory legal acts.
Wage- this is remuneration for work, depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation and incentive payments.
Minimum wage (minimum wage - minimum wage) - the amount of monthly wages guaranteed by federal law for the work of an unskilled worker who has fully worked out the norm of working hours when performing simple work in normal working conditions.
Payroll should be based on the following: principles . enshrined in legislation:
1) wage discrimination based on gender, nationality and other non-business criteria is prohibited;
2) equal wages are paid for work of equal value.
3) remuneration of an employee is made according to his labor contribution, its quantity and quality, and is not limited to a maximum amount;
4) the state establishes and guarantees the minimum wage, which systematically increases with rising prices (wage indexation);
5) remuneration of labor is differentiated depending on its severity, conditions, complexity (according to qualifications), nature of labor, its significance and area of labor; such differentiation is promoted by the tariff system with its allowances and surcharges;
6) wage rates, wage funds, wage systems
establish the enterprises themselves, organizations under collective agreements, agreements, and in the public sector - the state (government);
When remunerating workers, tariff rates, salaries, as well as a tariff-free system can be applied.
Remuneration of managers, specialists and employees, as a rule, is made according to official salaries established by the administration in accordance with the position and qualifications of the employee.
Depending on the wage system is set way to pay an employee .
The wage system can be time and piecework.
With a time-based system, the labor meter is the time worked by the employee.
Under the piecework system, remuneration is calculated according to the quantity of products produced by the employee of good quality.
Most workers are paid on a piece-rate basis, while employees are paid on a time basis.
In addition to the main salary systems, to calculate the material interest of employees in fulfilling production tasks and contractual obligations, increasing production efficiency and quality of work, bonus systems can be introduced, including bonuses, remuneration based on the results of the year and other forms of material incentives.
Holidays are paid no later than three days before the start of the holiday.
Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed.
WORK TIME
Work time
Duration and mode of working hours
* Irregular working hours
* Overtime work
* Work at night
* Shift work
* Part-time work
* Working hours of women and persons with family responsibilities
* Work on a rotational basis
* Flexible working hours
* Time relax
* Work on weekends and holidays
* Time sheet
* Day off or absenteeism? Design subtleties
Working hours
In the process of work, one should distinguish between time for work and time for rest. Work 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, relate to working time (Article 91 of the Labor Code of the Russian Federation ). In the process of work, the mode of operation is an essential condition of the employment contract and is subject to mandatory agreement between the employee and the employer. The elements of the working time regime are established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, and for employees whose working hours differ from the general rules established by the employer, - employment contract. Regulatory legal acts may include certain periods when the employee did not fulfill his labor duties as working hours. For example, working hours are counted :
Read also: Breaks while working at the computer labor code
Special breaks for heating workers in the cold season in the open air or in closed unheated premises, as well as breaks for rest for workers engaged in loading and unloading operations (part 2 of article 109 of the Labor Code of the Russian Federation); breaks for rest and meals in cases where, due to the conditions of production, the employee cannot leave workplace; breaks for feeding a child under 1.5 years of age provided to working women (Article 258 of the Labor Code of the Russian Federation); downtime (temporary suspension of work due to economic, technological, technical or organizational reasons).
Working hours should include
(Article 100 of the Labor Code of the Russian Federation):
Duration of the working week (five-day with two days off, six days with one day off, working week with days off on a staggered schedule); work with irregular working hours for certain categories of workers; duration of daily work (shift); start and end time of work; time of breaks in work; number of shifts per day; alternation of working and non-working days, which are established by a collective agreement or the internal labor regulations of the organization in accordance with the Labor Code of the Russian Federation, other federal laws, a collective agreement, agreements.
Mode features working time and rest time for workers of transport, communications and others who have a special nature of work are determined in the manner established by the Government of the Russian Federation. Contemporary labor law of the Russian Federation sets several possible modes of working time. The choice of which specific regime, taking into account production and social factors, will be established at a particular enterprise and in relation to a particular employee, belongs to employer and employee. Regarding the employee can act. irregular working hours; flexible working hours; shift work mode; the mode of summarized accounting of working hours; division of the working day into parts Types of operating modes taking into account production and social factors of the Labor Code of the Russian Federation allows the employer :
Establish, by agreement with the employee, a flexible working time regime (Article 102 of the Labor Code of the Russian Federation), when the start and end time of work is determined by agreement of the parties with the employee working the total number of working hours during the day, month or other accounting period; use the work mode in two, three, four shifts (Article 103 of the Labor Code of the Russian Federation); divide the working day into parts if the intensity of labor during the day is not the same (Article 105 of the Labor Code of the Russian Federation).
When using the split working day mode, the employer must establish this condition in the local regulation and in the employment contract with the employee. If the condition for dividing the working day into parts when hiring an employee has not been established, the introduction of such a regime is a significant change in working conditions for reasons related to changes in organizational or technological working conditions (Article 74 of the Labor Code of the Russian Federation). The obligation of the employer is to comply with the norms of the duration of working hours established by labor legislation in any mode of working hours. Exceeding the norm of working hours is unacceptable.
Time relax
An equally important duty of the employer is the obligation to provide the employee with time for proper rest. Time relax- the time during which the employee is free from the performance of labor duties and which he can use at his own discretion (Article 106 of the Labor Code of the Russian Federation). The types of rest time are (Article 107 of the Labor Code of the Russian Federation):
Breaks during the working day (shift); daily (between shifts) rest; days off (weekly uninterrupted rest); non-working holidays; annual paid vacation.
During the working day (shift), the employee must be given a break for rest and meals lasting no more than 2 hours and at least 30 minutes, which is not included in working hours (Article 108 of the Labor Code of the Russian Federation). The time of the break and its specific duration are established by the internal labor regulations of the organization or by agreement between the employee and the employer. At jobs where, due to the conditions of production (work), it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat during working hours. The list of such works, as well as places for rest and eating, are established by the internal labor regulations of the organization. For certain types of work, employees are provided with special breaks during working hours due to technology and organization of production and labor (Article 109 of the Labor Code of the Russian Federation). The types of these works, the duration and procedure for granting such breaks are established by the internal labor regulations of the organization. Employees working in the cold season in the open air or in closed unheated premises, as well as loaders engaged in loading and unloading operations, and other employees, if necessary, are provided with special breaks for heating and rest, which are included in working hours. The employer is obliged provide equipment for heating and recreation of workers. The duration of working time should not include the time of preparation for work, the time after the end of work, breaks for rest and meals. Organization of working time, the order of alternation of work and rest time within a day, week, month, year determined by local acts of the employer(internal regulations, shift schedules, etc.), which are adopted by the employer, taking into account the opinion of the body representing the interests of employees (Art. 190, 372 of the Labor Code of the Russian Federation). However, in Everyday life often one has to deal with violations of the right to rest of workers working under an employment contract. The most common violations of labor laws. regulating working time and rest time are: the absence in organizations of internal labor regulations, shift schedules, vacation schedules; failure to provide employees with annual paid holidays for more than two years in a row and additional paid holidays for employees employed in jobs with harmful and (or) dangerous working conditions; replacement of unused vacation by the employee with monetary compensation; non-payment monetary compensation behind unused vacation upon dismissal in violation of the requirements of the Labor Code of the Russian Federation; involvement in overtime work, work at night, weekends and non-working holidays without the written consent and medical recommendations of women with children under the age of three, and workers with disabled children or disabled from childhood until they reach the age of 18; failure to provide annual paid leave before the maternity leave or immediately after it, or at the end of the parental leave, at the request of women, regardless of the length of service in the organization.
Working hours and rest time
Labor protection in the Labor Code of the Russian Federation
Since the health and performance of workers largely depend on the correct ratio of work time and rest time, the Labor Code defines the basic concepts in this area.
Working time - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with the norms of labor law, relate to working time (Article 91 of the Labor Code of the Russian Federation).
Normal working hours may not exceed 40 hours per week.
Reduced working hours are established (Article 92 of the Labor Code of the Russian Federation):
- for employees under the age of 16 - no more than 24 hours a week;
- for employees aged 16 to 18 - no more than 35 hours per week;
- for employees who are disabled people of group I or II - no more than 35 hours per week;
- for workers employed in jobs with harmful and (or) dangerous working conditions - no more than 36 hours per week in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
The duration of daily work (shift) is established by Art. 94 of the Labor Code of the Russian Federation. It cannot exceed:
- for employees aged 15 to 16 years - 5 hours, aged 16 to 18 years - 7 hours;
- for disabled people - in accordance with a medical certificate issued in accordance with the procedure established by labor law.
For workers employed in jobs with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum allowable duration of daily work (shift) cannot exceed:
Read also: Actions of the employee during the reduction
- with a 36-hour working week - 8 hours;
- with a 30-hour working week or less - 6 hours. The collective agreement may provide for an increase
the duration of daily work (shift) subject to the maximum weekly working hours and hygienic standards of working conditions established by labor law.
Night time is defined by art. 96 of the Labor Code of the Russian Federation as time from 10 pm to 6 am. The duration of work (shift) at night is reduced by one hour without subsequent working off. The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement.
To work at night are not allowed: pregnant women; employees under the age of 18.
Overtime work (Article 99 of the Labor Code of the Russian Federation) is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of summarized accounting of working hours, in excess of the normal number of working hours for the accounting period.
Engaging an employer of an employee in overtime work is allowed with his written consent and only in the established Art.
99 of the Labor Code of the Russian Federation cases.
Involvement in overtime work without the consent of the employee is allowed in the following cases:
- in the performance of work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
- in the production of socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications;
- in the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, i.e. in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that endanger the life or normal living conditions of the entire population or part of it.
It is not allowed to involve pregnant women, employees under the age of 18 in overtime work. Involvement in overtime work of disabled people, women with children under the age of three years, is allowed only with their written consent and provided that this is not prohibited to them for health reasons in accordance with a medical report. At the same time, employees of these categories must be familiarized with their right to refuse overtime work against signature.
The duration of overtime work must not exceed for each employee 4 hours for two consecutive days and 120 hours per year.
The working time regime (Article 100 of the Labor Code of the Russian Federation) should provide for the duration of the working week (five-day with two days off, six days with one day off, a working week with days off on a staggered schedule), work with an irregular working day for certain categories of workers, duration daily work (shift), start and end time of work, breaks in work, number of shifts per day, alternation of working and non-working days, which are established by the internal labor regulations in accordance with labor law, collective agreement, agreements, and for employees, the working hours of which differ from the general rules established by the employer - an employment contract.
Features of the regime of working time and rest time for transport workers, communications workers and others who have a special nature of work are determined in the manner established by the Government of the Russian Federation.
Irregular working hours - a special mode of work, in accordance with which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them (Article 101 of the Labor Code of the Russian Federation). The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees.
Flexible working hours - a mode of operation in accordance with which the beginning, end or total duration of the working day (shift) is determined by agreement of the parties (Article 102 of the Labor Code of the Russian Federation).
The employer ensures that the employee works out the total number of working hours during the relevant accounting periods (day, week, month, etc.).
Shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the allowable duration of daily work, as well as for more efficient use of equipment, increasing the volume of products or services provided (Article 103 of the Labor Code of the Russian Federation).
During shift work, each group of workers must work during the established working hours in accordance with the shift schedule drawn up in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation. Shift schedules, as a rule, are attached to the collective agreement and are brought to the attention of employees no later than one month before they are put into effect.
Working two shifts in a row is prohibited.
Rest time - the time during which the employee is free from the performance of labor duties and which he can use at his own discretion (Article 106 of the Labor Code of the Russian Federation).
Art. 107 of the Labor Code of the Russian Federation defines the types of rest time. They are:
- breaks during the working day (shift);
— daily (between shifts) rest;
- weekends (weekly uninterrupted rest);
- non-working holidays;
During the working day (shift), the employee must be given a break for rest and meals (Article 108 of the Labor Code of the Russian Federation) lasting no more than 2 hours and no less than 30 minutes, which is not included in working hours. The time of the break and its duration are established by the internal labor regulations or by agreement between the employee and the employer.
At work where, due to the conditions of production, it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat during working hours. The list of such works, as well as places for rest and eating, are established by the internal labor regulations.
For certain types of work, employees are provided with special breaks during working hours due to technology and organization of production and labor (Article 109 of the Labor Code of the Russian Federation). The types of these works, the duration and procedure for granting such breaks are established by the internal labor regulations.
Those working in the cold season in the open air or in closed unheated premises, as well as loaders engaged in loading and unloading operations, and other employees, if necessary, are provided with special breaks for heating and rest, which are included in working hours. The employer is obliged to provide the equipment of rooms for heating and rest of employees.
All employees are provided with days off (Art. 110.111 of the Labor Code of the Russian Federation) - weekly uninterrupted rest. The duration of a weekly uninterrupted rest cannot be less than 42 hours.
Non-working holidays in the Russian Federation in accordance with Art. 112 of the Labor Code of the Russian Federation are:
Work on weekends and non-working holidays is prohibited, with the exception of cases provided for in Art. 113 of the Labor Code of the Russian Federation.
Involvement of employees to work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work.
Engaging employees to work on weekends and non-working holidays without their consent is allowed in the same cases in which it is allowed to involve them in overtime work by the employer.
On non-working holidays, work is allowed, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.
Employees are granted annual leave (Articles 114, 115 of the Labor Code of the Russian Federation) with the preservation of their place of work (position) and average earnings for 28 calendar days.
Annual additional paid vacations (Article 116 of the Labor Code of the Russian Federation) are provided to employees employed in work with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equated to localities, as well as in other cases provided for by the Labor Code and other federal laws. The list of industries, jobs, professions, positions in which work gives the right to additional vacations is approved by the Decree of the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of July 2, 1990 No. 647.
In labor relations, one of the central issues is the issue of working time.
In the conventions of the International Labor Organization (ILO), the worker denotes the time during which the employee is at the disposal of the employer. The Labor Code of the Russian Federation is not so categorical and defines working time as the time during which an employee, in accordance with the internal labor regulations and the terms of an employment contract, must perform labor duties (part 1 of article 91 of the Labor Code of the Russian Federation).
According to Art. 37 of the Constitution of the Russian Federation, limiting the maximum duration of working hours is a guarantee of the right to rest. Therefore, part 2 of Art. 91 of the Labor Code of the Russian Federation establishes that the limit of normal working hours is 40 hours per week.
The easiest and most convenient way to monitor an employee and keep track of working time is when the employee is in the office, from Monday to Friday, from 09:00 to 18:00 with a lunch break from 13:00 to 14:00. But the activities of the organization often require the use of other modes of working time.
In this article, we will consider what tools for regulating and recording working time are offered by the Labor Code of the Russian Federation.
Note!
From June 29, 2017, some norms of the Labor Code of the Russian Federation regarding working hours and wages are in force in a new edition.
WORKER WORKING OUT OF THE OFFICE
As a general rule, during the working day, the employee must be on the territory of the employer and perform his labor functions. But if the employer has a goal, for example, to save on costs (rental of premises, public utilities), he can use other forms of work organization that do not require the presence of an employee.
Widely spread itinerant nature of work when an employee performs a labor function, moving from place to place (for example, from client to client) (Article 168.1 of the Labor Code of the Russian Federation). This is how service engineers and sales managers can work, for example.
Often found home work(Chapter 49 of the Labor Code of the Russian Federation), when an employee makes some products directly at home, for example, knits or sews.
Not so long ago, the concept of remote work(Chapter 49.1 of the Labor Code of the Russian Federation). This type of work is used in cases where the employee can perform duties outside the territory of the employer, and the interaction between them is organized via the Internet. These can be, for example, programmers, lawyers, translators, writers, designers, etc.
All these types of labor organization are united by the fact that the employer does not see the employee, but he does not lose the obligation to record the working time of employees (Article 91 of the Labor Code of the Russian Federation). In this regard, questions arise with the filling of time sheets.
As practice shows, organizations can relate to the accounting of working time in this situation in different ways.
Option 1. The employer allows employees to use working time at their own discretion, controlling only the results of work.
Option 2. The employer requires employees to be in touch for a certain time or contact at certain hours (for example, by phone or Skype), submit written reports on the use of working hours, periodically appear in the office for a report, etc. In this case, personnel the service fills out the timesheet based on the information received from the employee and his manager.
Option 3. The employer controls all working hours of the employee. To do this, he uses not only the methods mentioned in option 2, but also installs special tracking tools:
Connects to corporate mobile phones operator service that allows you to track the movement of workers;
Uses miniature satellite beacons that allow you to determine the exact location of official vehicles at any time.
EMPLOYEE WORK LESS THAN 8 HOURS A DAY
Part-time employment is becoming more and more popular. Employers are not willing to pay for a full-time job if the function can be completed in a few hours. In this case, you can use such a tool as part-time work (Article 93 of the Labor Code of the Russian Federation).
Mandatory part-time work is established for part-time workers by virtue of Art. 284 of the Labor Code of the Russian Federation. But even at the main place, an employee can work part-time, that is, on a part-time basis. The main thing is that both parties to the employment contract agree to this.
However, in some cases, a request for part-time work by an employee is binding on the employer. Conversely, sometimes the employer can establish part-time work of his own free will (and thereby save the payroll).
Thus, partial time is set:
1) by agreement of the parties (for example, for part-time workers) (part 1 of article 93 of the Labor Code of the Russian Federation);
2) regardless of the consent of the employer (part 2 of article 93 of the Labor Code of the Russian Federation) at the request of:
pregnant woman;
One of the parents of a child under the age of 14 (a disabled child under the age of 18);
A person caring for a sick family member in accordance with a medical report;
3) at the initiative of the employer - in the case specified in Part 5 of Art. 74 of the Labor Code of the Russian Federation (to avoid mass layoffs of workers).
Part-time work must be distinguished from reduced working hours, which is set by the employer based on the requirements
legislation.
According to Art. 92 of the Labor Code of the Russian Federation, a shortened working day is established for the following categories of workers:
Underage workers (Article 271 of the Labor Code of the Russian Federation);
Disabled people;
Workers with harmful and (or) dangerous working conditions (Article 94 of the Labor Code of the Russian Federation);
Women working in the regions of the Far North and equivalent areas (Article 320 of the Labor Code of the Russian Federation);
Employees of certain professions (for example, doctors - article 350 of the Labor Code of the Russian Federation, teachers - article 333 of the Labor Code of the Russian Federation).
The key difference between reduced working hours and part-time is that, as a general rule, with reduced working hours, employees are paid a full salary. In case of part-time work, the salary is calculated in proportion to the hours worked. The exception is minors, who are given a reduced working day, but payment is calculated in proportion to the time worked (Article 271 of the Labor Code of the Russian Federation).
Working hours limitation
The Labor Code of the Russian Federation, as a general rule, does not establish a limit on the length of the working day. The following cases are exceptions (Article 94 of the Labor Code of the Russian Federation):
Underage workers - depending on age;
Disabled persons - in accordance with the medical report;
Employees with harmful and (or) dangerous working conditions;
Workers working on a rotational basis.
Thus, if workers do not belong to these categories, their working day may be more than 8 or even 12 hours.
Working hours for part-time employment
Order of the Ministry of Health and Social Development of Russia dated August 13, 2009 No. 588n established the Procedure for calculating the norm of working hours for certain calendar periods of time (month, quarter, year) depending on the established working hours per week, including for part-time and reduced working hours:
EMPLOYEES NEED TO LATE AT WORK
Another common situation: it is required that the employee is sometimes late at work, for example, on the days of submitting important reports.
The Labor Code of the Russian Federation provides for two options for working outside working hours: overtime and irregular working hours (Articles 97, 99, 101 of the Labor Code of the Russian Federation).
These two options have similarities. So, in both cases, an employee can be involved in work:
Outside business hours;
episodically;
By order of the employer.
But there are more differences:
1) overtime work is compensated by increased pay or the provision of rest time, and irregular working hours - by additional leave of at least three days (Article 119 of the Labor Code of the Russian Federation);
2) involvement in work within the irregular working hours does not require special accounting. Overtime work must be reflected in the time sheet;
3) in relation to overtime work, the Labor Code of the Russian Federation establishes limits - 4 hours for two consecutive days and 120 hours per year (Article 99 of the Labor Code of the Russian Federation). If an employee is involved in work in excess of the limit (even with appropriate payment), the inspection authorities recognize this as a violation. There is no such restriction for irregular working hours. Since no documents on attraction to work in the irregular working hours are not issued, employees, as a rule, cannot prove that they were involved in work unreasonably;
4) to involve in overtime work, there is no need to change local regulations, and to establish an irregular working day, it is necessary to make changes to the internal labor regulations - to establish a list of positions and the number of vacation days (Article 101 of the Labor Code of the Russian Federation);
5) unlike overtime work, irregular working hours must be fixed in the employment contract (as well as the duration additional leave for this mode).
Note also that some employees may refuse to work overtime, so the employer must notify them of this possibility. Such employees include (Articles 99, 259, 264 of the Labor Code of the Russian Federation):
Disabled people;
Women with children under the age of three;
Mothers and fathers raising children under the age of 5 years without a spouse;
Employees with disabled children;
Employees caring for sick family members in accordance with a medical report.
At the same time, it is completely forbidden to involve some employees in overtime work, for example (Articles 99, 203 of the Labor Code of the Russian Federation):
pregnant women;
Persons under the age of 18;
Employees during the period of the student agreement;
Disabled people, if they are prohibited by an individual rehabilitation program, etc.
THE ORGANIZATION WORKS 24/7 OR MOST OF THE DAY
To organize the work of employees around the clock or for 12-16 hours, labor law offers the following tools:
Shift work;
Employer-set working days with rolling days off.
Consider the differences between these ways of organizing work.
According to Art. 103 of the Labor Code of the Russian Federation, shift work is needed in order to ensure non-stop manufacturing process. That is, it is assumed that one group of workers replaces another during the working day of the organization. If the working day of employees begins at the same time as the opening of the organization and ends with the closing, these are not shifts, but working days.
In both cases, the duration of a shift or an employee's working day can be either 8 hours or less or more.
If the duration of a shift or a working day exceeds 8 hours, then this is a reason to apply the summarized accounting of working hours in order to ensure compliance with the norms of working hours during the accounting period.
Also in both cases it is necessary to draw up schedules - either work or shifts. At the same time, it is necessary to comply with the requirements of the law regarding inter-shift and weekly rest, procedures for changing the schedule and familiarizing yourself with it, etc.
Since the rules for compiling work schedule not specifically regulated by law (Article 103 of the Labor Code of the Russian Federation speaks exclusively of interchangeable work), then in the event of a dispute, the court may apply the norms on the shift schedule.
shift work
Work according to the schedule and the summarized accounting of working time are also used in the rotational method of organizing work (Articles 300, 301 of the Labor Code of the Russian Federation). But there is one feature. As a rule, the duration of the working day with a rotational method of work is more than 8 hours (most often 11-12 hours), so overtime occurs daily.
Processing hours within the schedule that are not multiples of a whole working day are accumulated and summed up to whole working days with subsequent provision extra days inter-shift rest. The number of rest days can be calculated by dividing the number of overtime hours by 8.
Each such day of rest is paid in the amount of a daily tariff rate, daily rate (part of the salary for the day of work).
THE EMPLOYEE DECIDES WHEN TO WORK
Employers are increasingly looking for ways to motivate employees while trying to save on costs. Therefore, it is becoming more and more common non-material motivation, including by adjusting the start and end time of work.
As a rule, the beginning and end of the working day are indicated in the internal labor regulations, and the employee is required to comply with the norms of this local act (Articles 8, 91 of the Labor Code of the Russian Federation).
But, wanting to motivate employees to efficient work, employers often, at the request of employees, set them individual opening hours e.g. from 09:30 to 18:30. This may be convenient for the employee (for example, to have time to take the child to Kindergarten), but at no cost to the employer.
Please note that in this case, the hours of work must be specified in the employee's employment contract (Article 57 of the Labor Code of the Russian Federation).
Even more of an employee can be motivated to establish flexible schedule. In the Labor Code of the Russian Federation, this mode of working time is not described in great detail.
According to Art. 102 of the Labor Code of the Russian Federation when working in flexible working hours, the beginning, end or total duration of the working day (shift) is determined by agreement of the parties. The employer must ensure that the employee works out the total number of working hours during the relevant accounting periods (working day, week, month, and others).
If it is not possible to comply with the daily or weekly working time norm, a longer accounting period should be established (Article 104 of the Labor Code of the Russian Federation).
Sometimes employers fix several working hours for employees in the internal labor regulations, for example, from 08:00 to 17:00; from 09:00 to 18:00; from 10:00 to 19:00. The employee is offered to choose the option that suits him, which is fixed in the employment contract with him. Of course, this can also motivate the employee, but providing such a choice of a flexible schedule cannot be called, because there is no variable time.
For example, ILO Convention No. 30 “On the regulation of working hours in trade and institutions” (1930), No. 172 “On working conditions in hotels, restaurants and similar establishments” (1991).
Clause 4.2 of the Basic Provisions on the rotational method of organizing work (approved by the Decree of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions, the USSR Ministry of Health dated December 31, 1987 No. 794 / 33-82; as amended on January 17, 1990).
Working hours - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time.
Normal working hours may not exceed 40 hours per week.
The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established length of working time per week, is determined by the federal executive body that performs the functions of developing state policy and legal regulation in the field of labor.
(Part three was introduced by Federal Law No. 157-FZ of July 22, 2008)
The employer is obliged to keep records of the time actually worked by each employee.
Article 92. Reduced hours of work
Reduced working hours are set:
for employees under the age of sixteen - no more than 24 hours a week;
for employees aged sixteen to eighteen years - no more than 35 hours per week;
for employees who are disabled people of group I or II - no more than 35 hours a week;
for workers employed in jobs with harmful and (or) dangerous working conditions - no more than 36 hours a week in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
(part one as amended by Federal Law No. 90-FZ of 30.06.2006)
The length of working time of students of educational institutions under the age of eighteen, working during the academic year in their free time, may not exceed half of the norms established by the first part of this article for persons of the corresponding age.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
This Code and other federal laws may establish reduced working hours for other categories of employees (pedagogical, medical and other employees).
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
Article 93. Part-time work
By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, custodian) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.
Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.
Article 94. Duration of daily work (shift)
The duration of daily work (shift) cannot exceed:
for employees aged fifteen to sixteen - 5 hours, for those aged sixteen to eighteen years - 7 hours;
for students of general educational institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, at the age of fourteen to sixteen years - 2.5 hours, at the age of sixteen to eighteen years - 4 hours;
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
for the disabled - in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
For workers employed in jobs with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum allowable duration of daily work (shift) cannot exceed:
with a 36-hour work week - 8 hours;
with a 30-hour work week or less - 6 hours.
The collective agreement may provide for an increase in the duration of daily work (shift) in comparison with the duration of daily work (shift) established by part two of this article for employees employed in work with harmful and (or) dangerous working conditions, subject to the maximum weekly duration of the worker. time (part one of Article 92 of this Code) and hygienic standards of working conditions established by federal laws and other regulatory legal acts of the Russian Federation.
(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)
The duration of the daily work (shift) of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be established by a collective agreement, a local normative act, an employment contract.
(Part four was introduced by Federal Law No. 90-FZ of 30.06.2006, as amended by Federal Law No. 13-FZ of 28.02.2008)
Article 95
The duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour.
In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on the holiday day, processing is compensated by providing the employee with additional rest time or, with the consent of the employee, payment according to the norms established for overtime work.
On the eve of the weekend, the duration of work with a six-day working week cannot exceed five hours.
Article 96. Night work
Night time is from 22:00 to 06:00.
The duration of work (shift) at night is reduced by one hour without subsequent working off.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement.
The duration of work at night is equalized with the duration of work in the daytime in cases where it is necessary for working conditions, as well as in shift work with a six-day working week with one day off. The list of the specified works can be determined by the collective agreement, the local normative act.
To work at night are not allowed: pregnant women; employees under the age of eighteen, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws. Women with children under the age of three, disabled people, employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation , mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with medical advice. At the same time, these employees must be informed in writing of their right to refuse to work at night.
(as amended by Federal Laws No. 97-FZ of 24.07.2002, No. 90-FZ of 30.06.2006)
The procedure for work at night of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be established by a collective agreement, a local normative act, an employment contract.
(as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 13-FZ of 28.02.2008)
Article 97. Work outside the established duration of working hours
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
The employer has the right, in accordance with the procedure established by this Code, to involve the employee in work outside the working hours established for this employee in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, local regulations, an employment contract (hereinafter referred to as the working hours established for an employee):
for overtime work (Article 99 of this Code);
if the employee works on irregular working hours (Article 101 of this Code).
Article 98 - Federal Law of June 30, 2006 N 90-FZ.
Article 99. Overtime work
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of summarized accounting of working time - in excess of the normal number of working hours for the accounting period.
Involving an employee in overtime work by an employer is allowed with his written consent in the following cases:
1) if necessary, perform (finish) the work that has been started, which, due to an unforeseen delay due to the technical conditions of production, could not be performed (completed) within the working hours established for the employee, if failure to perform (non-completion) of this work may lead to damage or loss of property the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property, or endanger the life and health of people;
2) during the production of temporary work on the repair and restoration of mechanisms or structures in cases where their failure may cause a significant number of employees to stop working;
3) to continue work in the absence of a replacement employee, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee.
Engaging an employer of an employee to work overtime without his consent is allowed in the following cases:
1) in the performance of work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
In accordance with Federal Law No. 417-FZ of December 7, 2011, from January 1, 2013, in clause 2 of part three of this article, the words "water supply systems, gas supply, heating, lighting, sewerage," will be replaced by the words "centralized hot water supply systems, cold water supply and (or) water disposal, gas supply systems, heat supply, lighting, ".
2) when performing socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications;
3) in the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency situations, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, endangering the life or normal living conditions of the entire population or part of it.
In other cases, involvement in overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.
It is not allowed to involve pregnant women, workers under the age of eighteen, other categories of workers in overtime work in accordance with this Code and other federal laws. Involvement in overtime work of disabled people, women with children under the age of three years is allowed only with their written consent and provided that this is not prohibited by them for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people, women with children under the age of three, must be familiarized with their right to refuse overtime work against signature.
The duration of overtime work should not exceed for each employee 4 hours for two consecutive days and 120 hours per year.
It is the employer's responsibility to ensure that each employee's overtime hours are accurately recorded.
New edition Art. 91 Labor Code of the Russian Federation
Working hours - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time.
Normal working hours may not exceed 40 hours per week.
The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established length of working time per week, is determined by the federal executive body that performs the functions of developing state policy and legal regulation in the field of labor.
The employer is obliged to keep records of the time actually worked by each employee.
Commentary on Article 91 of the Labor Code of the Russian Federation
Working time consists of the hours actually worked during the day. It may be less or more than the duration of work established for the employee. Working hours include other periods within the norm of working hours when work was not actually performed. For example, paid breaks during the working day (shift), downtime through no fault of the employee.
The length of working time is, as a rule, established by fixing the weekly norm of working time.
The maximum limit of working hours is established by law, thereby it limits the length of working hours. , fixing in paragraph 5 the right to rest, indicates that the worker under an employment contract is guaranteed the length of working time established by federal law.
The Labor Code assigned section IV to working time, consisting of two chapters (15 and 16).
Article 91 of the Labor Code of the Russian Federation defines working time.
Working time - the time during which the employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulatory legal acts, are related to working time. Based on this, it is in the rights of the parties to labor relations to determine the boundaries of working time, to establish the beginning of the working day, its end, the time for a lunch break, as well as the working time regime, through which the working time standard established by the current legislation is ensured.
The Code emphasizes that normal working hours cannot exceed 40 hours per week. This maximum length of 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 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 familiarize himself with the operational documentation, the state of the equipment and the progress technological process, accept oral and written information from the employee handing over the shift to continue the 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 related 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 binding on 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 joined - 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 by 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);
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" 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.