In what cases the employer has the right not to set the time of the lunch break? What new norms have appeared in the articles concerning wages in excess of the norm of working hours, as well as on weekends and non-working holidays?
On June 29, 2017, the amendments made to the Labor Code by Federal Law No. 125 FZ of June 18, 2017 (hereinafter referred to as Federal Law No. 125 FZ) came into force. The law clarifies a number of articles relating, in particular, to work on a part-time basis and wages in excess of the norm of working hours. You will learn more about the innovations from the presented article.
The explanatory note to the draft of this law stated that it was developed in order to implement the orders of the Ministry of Justice of the Russian Federation No. 28 and 33 on the incorporation of legal acts of the USSR and the RSFSR or their individual provisions into the legislation of the Russian Federation.
Also, the explanatory note contained a requirement for the adoption, in connection with the entry into force of this law, of the order of the Ministry of Labor on recognizing as invalid in the territory of the Russian Federation:
- Decrees of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 No. 111/8 51 “On Approval of the Regulations on the Procedure and Conditions for the Employment of Women with Children and Working Part-Time working time"(hereinafter referred to as Resolution No. 111/8-51);
- Decrees of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated 08.08.1966 No. 465 / P-21 “On approval of Explanation No. 13 / p-21 “On compensation for work on holidays” (hereinafter - Decree No. 465 / P-21).
Decree No. 111/8 51 became invalid after the issuance of the Order of the Ministry of Labor of the Russian Federation dated December 29, 2016 No. 848 “On declaring as invalid in the territory Russian Federation and invalidated some normative legal acts of the USSR and the RSFSR.
As for Decree No. 465 / P-21, it has been in force since May 10, 2017 as amended by the Order of the Ministry of Labor of the Russian Federation No. 415 dated May 10, 2017. This order declared invalid:
- clarification State Committee USSR Council of Ministers for Labor and wages and the Presidium of the All-Union Central Council of Trade Unions dated 08.08.1966 No. 13 / P-21 “On compensation for work on holidays” (hereinafter - Explanation No. 13 / P-21);
- paragraph 1 of Resolution No. 465 / P-21.
Part-time work: both part-time and part-time
The issues of establishing part-time work are regulated by Art. 93 of the Labor Code of the Russian Federation.
Prior to amendments to this article Part 1 provided that, by agreement between the employee and the employer, it can be established both at the time of employment and subsequently:
- or part-time (shift);
- or incomplete work week.
Federal Law No. 125 FZ, Part 1, Art. 93 of the Labor Code of the Russian Federation was set out in a new edition, on the basis of which, by agreement of the parties to the employment contract, the employee, both when hiring and subsequently, may be assigned part-time work (part-time work (shift) and (or) part-time work week, including with the division of the working day into parts).
At the same time, part-time work can be established both without a time limit, and for any period agreed by the parties to the employment contract.
In addition, a new part 2 has appeared, which lists cases of mandatory establishment of part-time work.
The employer is obliged to establish part-time working hours at the request of:
- pregnant woman;
- one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18);
- carer of a sick family member in accordance with medical opinion issued in the manner prescribed federal laws and other normative legal acts of the Russian Federation.
Recall that earlier a similar list of persons was contained in Part 1 of Art. 93 of the Labor Code of the Russian Federation. The new edition clearly defines the conditions for establishing part-time work: part-time work is set for a period convenient for the employee, but no more than for the period of existence of the circumstances that served as the basis for the mandatory establishment of part-time work, and the mode of working time and rest time, including the duration daily work(shifts), the start and end time of work, the time of breaks in work, is set in accordance with the wishes of the employee, taking into account the conditions of production (work) for this employer.
Other features in the establishment of part-time work remained unchanged:
- the employee's remuneration is made in proportion to the time worked by him or depending on the amount of work performed by him (part 3 of article 93 of the Labor Code of the Russian Federation);
- there are no restrictions on the duration of the annual basic paid leave, the calculation of seniority and other labor rights (part 4 of article 93 of the Labor Code of the Russian Federation).
Establishment of irregular working hours
Federal Law No. 125 FZ was supplemented by a new part of Art. 101 "Irregular working day" of the Labor Code of the Russian Federation.
In part 1 of this article, irregular working hours are defined as a special mode of work, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their duties. labor functions outside of their working hours.
Note:
The list of positions of employees with irregular working hours is established collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees. The condition of working in irregular working hours should be fixed in employment contract with an employee (paragraph 6, part 2, article 57 of the Labor Code of the Russian Federation).
What is the procedure for establishing irregular working hours if the employee works part-time? The answer to this question is contained in the new part 2 of Art. 101 of the Labor Code of the Russian Federation: in this case an irregular working day can be established only if, by agreement of the parties to the employment contract, a part-time working week is established, but with a full working day (shift).
Recall the basic rules for working in irregular working hours:
- to involve in such work, the order of the employer is sufficient, additional consent of the employee is not required;
- Engagement to work is possible both before the start of the working day and after it ends. The legislation also does not limit the duration of processing during irregular working hours;
- it is possible to involve employees with irregular working hours to work outside of normal working hours only for the performance of work stipulated by the employment contract, while the employer cannot entrust them with other work.
Note:
Work outside the normal working hours should not be systematic, that is, involvement in work during additional hours is possible only occasionally and in cases where it is really necessary. If the employer abuses the right to engage in work within the irregular working hours, the employee may apply to the labor inspectorate or the court. If it is proved that the processing is systemic, Labour Inspectorate or the court may recognize such work as overtime and order the employer to pay appropriate compensation.
When working no more than four hours a day - work without lunch
According to Part 1 of Art. 108 "Breaks for rest and meals" of the Labor Code of the Russian Federation during the working day (shift), the employee must be given a break for rest and meals lasting no more than two hours and no less than 30 minutes. However, such a break is not included in working hours. Rules of internal work schedule or by agreement between the employee and the employer must be established (part 2 of article 108 of the Labor Code of the Russian Federation):
- break time;
- its specific duration.
In practice, the provisions of Part 1 of Art. 108 of the Labor Code of the Russian Federation raised questions. Most often they were associated with the establishment of lunch breaks for part-time workers.
Before the amendments, the answers to questions about the provision of time for lunch were unambiguous: regardless of the length of the employee’s working time (for example, two hours for an external part-time job), he is entitled to a lunch break of at least 30 minutes. This was due to the following:
- article 108 of the Labor Code of the Russian Federation did not contain any exceptions to the rules;
- in accordance with Part. 3 Article. 93 of the Labor Code of the Russian Federation (in the new edition - from part 4), part-time work does not entail any restrictions on labor rights for employees;
- by virtue of h. 2 Article. 287 of the Labor Code of the Russian Federation guarantees and compensations provided for by labor legislation and other regulatory legal acts containing norms labor law, collective agreements, agreements, local regulations, are provided to persons working part-time in full.
Note:
In the Ruling dated 07.07.2015 No. 33-5626/2015, the Primorsky Regional Court concluded that the norm of Part 1 of Art. 108 of the Labor Code of the Russian Federation is mandatory for the employer, regardless of the working hours established in the organization, the length of the working day (shift).
However, after the amendments provided for by Federal Law No. 125 FZ came into force, the situation changed. Part 1 Art. 108 of the Labor Code of the Russian Federation was supplemented with the following provision: the internal labor regulations or the employment contract may provide that the specified break may not be provided to the employee if the duration of daily work (shift) established for him does not exceed four hours.
Thus, with proper documenting for those working less than four hours a day, it is not necessary to provide time for lunch.
Overtime pay
According to the rules of Art. 152 of the Labor Code of the Russian Federation, overtime work is paid:
- for the first two hours of work - at least one and a half times;
- for the following hours - not less than double the amount.
The specific amounts of overtime pay may be determined by a collective agreement, a local regulation or an employment contract.
Instead of increased pay, overtime work may be compensated by the provision of additional rest time, but not less than the time worked overtime. Such replacement can be carried out only at the request of the employee.
In what order is overtime paid if the employee worked on weekends and non-working holidays? Taking into account the new part 3 of Art. 152 of the Labor Code of the Russian Federation, introduced by Federal Law No. 125 FZ, work performed in excess of the working time on weekends and holidays and paid at an increased rate or compensated for by providing another day of rest in accordance with Art. 153 of the Labor Code of the Russian Federation, is not taken into account when determining the duration of overtime work payable at an increased rate by virtue of Part 1 of Art. 152 of the Labor Code of the Russian Federation.
Recall that earlier the provision that when calculating overtime hours, work on holidays performed in excess of the norm of working time should not be taken into account, since it has already been paid in double size, was contained in clause 4 of Explanation No. 13 / P-21, which lost force 09.05.2017.
Note:
According to part 6 of Art. 99 of the Labor Code of the Russian Federation, the duration of overtime work cannot exceed 120 hours per year and four hours for two consecutive days. At the same time, overtime work should be paid based on its actual duration, and not on the basis of the established allowable norms (clause 1 of the Letter of the Ministry of Finance of the Russian Federation dated 05.22.2007 No. 03 03 06/1/278). Controllers recognize the possibility to take into account the costs of such payments when calculating income tax (letters of the Ministry of Finance of the Russian Federation dated 05.23.2013 No. 04/1/724, Federal Tax Service of the Russian Federation of September 23, 2005 No. 02 1 08 / [email protected]).
About the procedure for remuneration on weekends and non-working holidays
According to Part 1 of Art. 153 of the Labor Code of the Russian Federation, work on a weekend or a non-working holiday is paid at least twice the amount:
- pieceworkers - at least at double piecework rates;
- employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
- employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary ( official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within the monthly norm of working time, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working time.
Note:
According to the position of the Supreme Court of the Russian Federation, set out in the Determination of November 21, 2016 No. 56-KG16 22, by virtue of Part 1 of Art. 153 in conjunction with Part 4 of Art. 129 of the Labor Code of the Russian Federation, work on a weekend or non-working holiday is paid at least twice the amount based on the fixed amount of the employee's wages for the performance of labor (official) duties of a certain complexity for a calendar month. Therefore, other payments (compensatory, incentive and social) are not taken into account when calculating pay for work on a weekend or holiday.
Specific amounts of payment for work on a weekend or non-working holiday may be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract.
At the request of an employee who worked on a weekend or holiday, he may be given another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment.
How to pay for work on a weekend or holiday if the employee did not work the whole shift? Let us turn to the new Part 3, introduced in Art. 153 of the Labor Code of the Russian Federation Federal Law No. 125 FZ: payment in an increased amount is made to all employees for hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on the weekend or non-working holiday (from 0 hours to 24 hours) are paid at an increased rate.
* * *
In conclusion, we list the main innovations that affected labor legislation and entered into force on 06/29/2017:
- when working on a part-time basis, an employee may be assigned both a part-time work day and a part-time work week. New edition Art. 93 of the Labor Code of the Russian Federation provides for the obligation of the employer to certain cases establish part-time work for the employee for a period convenient for him (but not more than for the period of the presence of relevant circumstances). At the same time, the mode of working time and rest time is established in accordance with the wishes of the employee, taking into account the conditions of production (work) for this employer;
- for employees working on a part-time basis, an irregular working day can be established only if the agreement of the parties to the employment contract establishes a part-time working week, but with a full working day (shift);
- for employees who have a daily work (shift) duration of no more than four hours, it is possible not to set a time for lunch break. The relevant provision should be fixed in employment contracts or internal labor regulations;
- if the employee was paid for the work carried out by him in excess of the norm of working time on weekends and non-working holidays, in an increased amount according to the rules of Art. 153 of the Labor Code of the Russian Federation, this work is not taken into account when determining the duration of overtime work payable at an increased rate in accordance with Part 1 of Art. 152 of the Labor Code of the Russian Federation;
- when recruited to work on weekends and holidays, an increased payment is made to all employees for the hours actually worked on a weekend or non-working holiday. If part of the work shift falls on such a day, hours actually worked on a weekend or holiday (from 0 to 24 hours) are paid at an increased rate.
Order of the Ministry of Justice of the Russian Federation of March 6, 2013 No. 28 “On approval of the Action Plan for the incorporation of legal acts of the USSR and the RSFSR or their individual provisions into the legislation of the Russian Federation and (or) for the recognition of these acts as invalid on the territory of the Russian Federation for 2013 and the List of legal acts of the USSR and the RSFSR or their individual provisions to be incorporated into the legislation of the Russian Federation in 2013”.
Order of the Ministry of Justice of the Russian Federation of March 20, 2014 No. 33 “On approval of the Action Plan for the incorporation of legal acts of the USSR and the RSFSR or their individual provisions into the legislation of the Russian Federation and (or) for the recognition of these acts as invalid on the territory of the Russian Federation for 2014 and the List of legal acts of the USSR and the RSFSR or their separate provisions subject to incorporation into the legislation of the Russian Federation in 2014”.
Incorporation is a form of streamlining legislation, consisting in the external processing of all issued normative acts without changing their normative content.E. L. Jabazyan,
Working time is the time during which the employee must perform his labor obligations(it is determined in accordance with the internal labor regulations - PWTR, as well as the terms of the employment contract) and other periods that, according to the legislation of the Russian Federation, relate to working time (Article 91 of the Labor Code of the Russian Federation). Such periods are, for example, special breaks for heating and rest provided to employees who work in the cold season in the open air or in closed unheated premises (Article 109 of the Labor Code of the Russian Federation), breaks for feeding a child provided to working women who there are children under the age of 1.5 years (Article 258 of the Labor Code of the Russian Federation), etc. In addition, periods included in working hours may be provided for by a collective agreement.
Types of working time
Depending on the length of working time, there are:
- normal working hours (Article 91 of the Labor Code of the Russian Federation);
- reduced working hours (Article 92 of the Labor Code of the Russian Federation);
- part-time work (Article 93 of the Labor Code of the Russian Federation).
Normal working hours cannot be more than 40 hours per week (Article 91 of the Labor Code of the Russian Federation). The specified maximum norm of working hours cannot be increased either at the initiative of the employer, or at the initiative of the employee, or by agreement between them. However, the Labor Code of the Russian Federation contains a number of exceptions when it is possible to attract employees to work outside the established working hours. For example, for overtime work, or if an employee works in an organization on an irregular working day (Articles 97, 101 of the Labor Code of the Russian Federation).
Thus, with a 40-hour five-day working week, the working day according to the Labor Code - 2017 is 8 hours a day.
"Reduced" and part-time work
For certain categories of workers, reduced working hours are established (Article 92 of the Labor Code of the Russian Federation). For example, working hours teaching staff is no more than 36 hours a week (Article 333 of the Labor Code of the Russian Federation). Incidentally, due to the nature of labor activity for pedagogical workers, they set the duration of working hours per week, as well as the pedagogical (teaching) load in hours per week or in the academic year (Order of the Ministry of Education and Science of Russia dated December 22, 2014 N 1601).
There is no separate article regulating the length of the working day in the Labor Code of the Russian Federation. However, it prescribes the maximum norms for the duration of daily work (shift) for employees who are assigned reduced working hours. For example, workers engaged in work with harmful and / or hazardous conditions labor, with a 36-hour working week, they should work no more than 8 hours a day (Article 94 of the Labor Code of the Russian Federation).
As for part-time work, unlike shortened working time, it can be established for any employee by agreement between the parties to the employment contract (
Chapter 15. GENERAL PROVISIONS
Article 91. The concept of working time. Normal working hours
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.
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 work with harmful and (or) dangerous working conditions, in the manner established by the Government of the Russian Federation. Students working hours 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. 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 may 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 years - 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 those who combine 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 - 3.5 hours; for the disabled - in accordance with the medical report. 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 working week - 8 hours; with a 30-hour work week or less - 6 hours. For creative workers of cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses, facilities mass media, professional athletes in accordance with the lists of categories of these workers approved by the Government of the Russian Federation, the duration of daily work (shift) may be established in accordance with laws and other regulatory legal acts, local regulations, a collective agreement or an employment contract.
Article 95
The duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour.
In continuous operating organizations and for 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 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; 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. Wherein said employees should be in writing aware 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 job) 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 under another employment contract in the same organization in a different profession, specialty or position outside the normal working hours in the order of internal combination.
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 a day and 16 hours a 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 an industrial accident or eliminate the consequences of an industrial 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 the failure to perform (non-completion) of this work may entail damage or destruction of the property of the employer, state or municipal property or endanger the life and health of people; 4) in production temporary work for the repair and restoration of mechanisms or structures in cases where their failure may cause the cessation of work for a significant number of workers; 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. The 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 to 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 must not exceed for each employee four hours for 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. WORKING HOURS
Article 100. Working hours
The working time regime should provide for the duration of the working week (five-day with two days off, six days 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), time the beginning and end of work, the time of breaks in work, the number of shifts per day, the alternation of working 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 employees 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 production process exceeds allowable duration daily work, as well as in order to more efficiently 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 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 time for the accounting period (month, quarter, etc.) does not exceed normal working hours. 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.
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 working time various categories personnel in accordance with the requirements of 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 case | 40 | 8 |
| Children from 14 to 15 years old | no more than 24 | 4 |
| Children from 15 to 16 years old | no more than 24 | 5 |
| Children from 16 to 18 years old | 35 | 7 |
| Disabled people of I and II groups | 35 | in accordance with the medical report |
| Work with harmful and dangerous working conditions | 36 | 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 |
||
| October | 176 | 158,4 | 105,6 | 9 |
| november | 167 | 150,2 | 99,8 | 9 |
| December | 168 | 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 |
||
| January | 136 | 122,4 | 81,6 | 14 |
| February | 151 | 135,8 | 90,2 | 9 |
| March | 159 | 143 | 95 | 11 |
| April | 167 | 150,2 | 99,8 | 9 |
| May | 159 | 143 | 95 | 11 |
| June | 159 | 143 | 95 | 10 |
| July | 176 | 158,4 | 105,6 | 9 |
| August | 184 | 165,6 | 110,4 | 8 |
| September | 160 | 144 | 96 | 10 |
| October | 184 | 165,6 | 110,4 | 8 |
| november | 168 | 151,2 | 100,8 | 9 |
| December | 167 | 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
- weekends.
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 more than four hours a day, then there may not be a lunch break (to clarify this, look at 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 anywhere from 30 minutes to 2 hours 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 repairs, public services). At the same enterprises, it is impossible to reduce working hours 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 additional leave, 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 for at least 14 consecutive days.
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 above the norm - overtime work or 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 work 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 as directed by the employer individual employees are involved in the performance 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, it is possible to 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 the established 40-hour work week It turns out that no more than 20 hours.
But you can also combine positions at your main job, if during the working day for additional fee the employee agrees to do more 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 enterprise 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, this corresponds to an eight-hour working day, a lunch break lasts from 30 minutes to 2 hours. Every year, an employee is entitled to a vacation of 28 days, and people with an irregular schedule also have an additional vacation. Salaries are calculated on the basis of hours worked, for its accounting they fill out a special time sheet form.
Working hours are important indicator for all specialties. After all, it is she who determines the possibility of accruing overtime and the basis for drawing up a complaint against the employer. Also on this indicator affected by the terms of the employment contract.
Regulations
This provision is regulated by Article 91 of the Labor Code of the Russian Federation, it provides definition of the working day.
According to this provision, working time is the period of the day when the employee performs his immediate job duties in accordance with the established internal labor regulations and the conditions specified in the employment contract.
It should be noted that this article does not indicate the total duration of labor time.
These indicators are partially reflected in. It defines maximum duration work shift for the specified categories of workers. At the same time, the terms of work for other categories of specialists are not displayed.
AT Labor Code The Russian Federation has fixed the provisions for the duration of weekly labor. So, in accordance with article 94 of the Labor Code of the Russian Federation, the working time during the week cannot be more than 40 hours, and the rest time should be at least 48 hours.
Normal shift and rest time
It is not displayed in the Labor Code and the norms governing the maximum duration of work time when shift schedule. Because of this, quite often there are cases when the duration of one shift will be equal to a day. At the same time, such a schedule will not be considered a violation, provided that the weekly number of working hours will not exceed 40.
It is important to note here that the appointment of two daily shifts would be a violation of the law, since the total weekly working time would be 48 hours. If the weekly time exceeds the forty-hour norm, then this should be negotiated separately with each employee. The best option would be appointment of one daily shift and the second sixteen-hour.
From the above, we can conclude that the standard duration of a work shift in labor law not provided. At the same time, during her appointment, attention should be paid to the weekly norm of working time.
As a rule, when standard conditions The employee's work week will be either five days or six days.
It is also worth noting that it is also possible to draw up a smaller number of working days, everything will depend on the adopted internal regulations in the organization (in accordance with Article 100 of the Labor Code of the Russian Federation). At the same time, the five-day schedule of the work week is generally considered to be standard.
With a five-day work week in an organization, employees work for 5 days for 8 hours. Human Resources it is assumed that this mode is optimal, because in accordance with scientific research workers will show maximum productivity. Also, do not forget about the days off, which, as a rule, fall on Saturday and Sunday, which also has a positive effect on their level of rest.
It is worth noting that there may be another distribution of working time when using shift work. In this case, holidays may be floating.
With a part-time work week, an employee can work in an organization even just one day a week - everything will depend on his working time established in the employment contract. So, if a specialist has only 5 working hours a week, then it will be easiest to work them out in one day.
It is important that the employer has the right to independently distribute working hours by day of the working week. It is important that at the same time the total number of hours worked does not exceed 40, and the rest is at least 48 hours.
Features of calculus
Minors
As noted above, the law does not set the maximum number of working hours per day. However, in accordance with Article 94 of the Labor Code of the Russian Federation, categories of citizens, which will not be able to work more than the established limit. They also regulate the duration of the shift.
Since minors are much more susceptible to influence on their body and psyche external factors, then the legislation in Article 94 of the Labor Code of the Russian Federation assigned them reduced time labor day (they also provide for a reduction in weekly labor in article 92 of the Labor Code of the Russian Federation).
Workers aged between 15 and 16 are not allowed to work more than 5 hours per day (shift). For the age group from 16 to 18 years, the law provides for the length of the working day at 7:00.
It is worth noting that for minors who work at the same time as studying at school or college, a shorter working day is established. It is equal to 2.5 hours for the age group from 14 to 16 years. For minors from 16 to 18 years old - 4 hours.
Disabled
In accordance with Article 94 of the Labor Code of the Russian Federation, it is forbidden for disabled people to work more than the established daily norm, but this provision does not reflect the norm itself.
This nuance lies in the fact that each disease is individual, as a result of which one disabled person can work without restrictions, while the other cannot.
According to the law, a disabled person before his employment must go to the hospital, which must issue a conclusion in accordance with the Order of the Ministry of Health and Social Development of Russia No. 441n.
AT this document an assessment of the state of health of the disabled person after his examination should be displayed. In addition, the conclusion must include contraindications to certain conditions labor.
In accordance with the foregoing, it is the doctor who determines, based on the results of the examination, the duration of the working day of a disabled person, he can also prohibit him from working.
Workers in hazardous and hazardous industries
For workers in areas related to harmful and dangerous working conditions, article 94 of the Labor Code of the Russian Federation establishes restrictions on maximum daily working hours. At the same time, it is necessary for the employer to determine, with the help of a special commission, the degree of harmfulness of working conditions.
After that, in accordance with Article 92 of the Labor Code of the Russian Federation, it will be adopted work hours per week. It equals 36. It is also worth noting that the employer can set a smaller number of hours, for example, 30.
For those who work 36 hours a week, the maximum hours worked per day should not exceed 8 hours. For employees who work 30 hours a week, the daily workload should be no more than 6 hours. However, the law leaves the possibility for the employer, when concluding an additional agreement with workers, to increase daily working hours to 8 or 12.
Before weekends or holidays
In accordance with article 95 of the Labor Code of the Russian Federation, the total daily working hours must be reduced by one hour. It also contains exceptions.
For example, if work in an organization must be continuous, then the lack of a shortened day for employees can be compensated financially.
If the company has adopted a five-day working week, then the working time before the holidays should not be more than five hours.
In nighttime
If an employee works at the enterprise at night, then his set number of working hours will be reduced by one hour. The only exceptions are those professionals who have been hired to carry out official duties at night.
Other
Also, the length of the working day is set for:
- Citizens who work part-time (maximum 4 hours a day).
- Ship workers - 8 hours during the five-day system.
- The women who make up the ship's crew during voyages in the Arctic Ocean (7.2 hours).
- Persons aged 17 to 18 working on ships - 7.2 hours.
- Drivers with a five-day work week - 8 hours, with a six-day work week - 7 hours.
part-time work
The impact of working hours on the health and performance of an employee is presented in this lecture.