Lunch rules Breaks for rest and meals are defined in article 108 of the Labor Code. Their duration is from 30 to 10 minutes. V work time these periods are not included and, accordingly, are not paid. IMPORTANT Amendments have been made to the new version of the document under consideration, according to which, with a shift duration of 4 hours or less, the employer has the right not to provide such a break. This is regulated by the PVR. If the working situation does not allow citizens to provide a lunch break during working hours, the employer must take care of the possibility of eating within the paid time period of work. It includes all breaks shorter than 30 minutes. Features of a medical examination during working hours according to the Labor Code of the TC (Art. 213) defines two types of medical examinations. one.
Features of working hours for shopping malls
Attention
The length of the shift of such workers (employees of the cinema, the media, theaters, circuses, etc.) is regulated by the collective agreement, taking into account the maximum weekly workload. for other categories The length of a shift depends on the specifics of work, part-time jobs, and other factors.
- For part-time employees - 4 hours or less. If the part-time worker does not have a main job on one of the days, it is permissible to work on additional place all day.
- For the crew on ships - 8 daily hours.
Important
For those working on ships Far north for women and minors on ships - 7.2 hours.
For your information Continuous rest must last at least 42 hours per week in accordance with Article 110 of the Labor Code of the Russian Federation. The period is calculated from the time of completion of the work and before the weekend.
What is the length of the working week in the Russian Federation according to the Labor Code?
Info
Home / Working time The concept of "time" in the world of work is characterized by specific values and numbers, in contrast to the general philosophical concept. It is strictly regulated by law. The main legislative act is the Labor Code. Russian Federation(Labor Code of the Russian Federation).
A number of changes were made to it, which entered into force on June 29, 2017. In particular, the conditions for exercising labor duties when setting a schedule of part-time work, payments for overtime work were clarified.
The topic is covered in the chapters of the fourth section. Every citizen needs to know the rights guaranteed by the Labor Code of the Russian Federation. The essence of the concept of "working time" Working time is the aggregate period of performance of individual labor duties, determined by the contract and TAP (internal regulations), and other periods not related to actual work.
Working hours according to the labor code 2017
For students ages 14-16, it is just 2.5 hours, and for students ages 16 through the age of majority, it is 4 hours. Length of the working day for disabled persons. 94 of the Labor Code of the Russian Federation prohibits working in excess of the daily norm, but does not establish the norm itself. This is due to the fact that each disease is individual, some people with disabilities can work without restrictions, and some do not have the opportunity to work at all.
Each disabled person before employment or after receiving a disability must apply to the clinic, which issues a medical report in accordance with the requirements of the order of the Ministry of Health and Social Development of Russia dated 02.05.2012 No. 441n, which approved the Procedure for issuing medical certificates and opinions (Procedure). The conclusion contains an assessment of the health status of a particular disabled person based on the examination.
According to cl.
We will take into account working hours according to all the rules
Labor Code of the Russian Federation). In other cases, the employee's request is taken into account in accordance with the production interests. For example, a health worker asked to set her rate from 0.25 to 0.75, and then - 0.75 rate. The employer set 0.25 rates, and the court recognized his actions as correct (see the appeal ruling of the Moscow City Court dated October 16, 2014 No. 33-35065 / 14). Working time regime according to the Labor Code of the Russian Federation Working time regime is its distribution over a period (days, weeks, etc.).
It is installed local acts organization, for example, the rules of internal work schedule... Should be installed:
- the duration of the working week (5, 6 days);
- alternation of working and non-working days (its absence is recognized as contrary to Art.
Working hours according to the labor code - types and features
Establishing 2 shifts per week for 24 hours is illegal, since in this case the weekly working time will be 48 hours. If the weekly working time has exceeded 40 hours, it is necessary to agree with the employee whether he wants to work overtime.
Optimally, the establishment of one shift is 24 hours, and the second shift is 16 hours. Based on the foregoing, the legislator has not established the normal length of a shift for general categories of workers, however, when fixing it, it is necessary to proceed from the maximum working time per week.
How the number of daily work hours is distributed based on the number of work days in a week In a normal working week, as a rule, five or six days. It is also possible to include a smaller number of days in a working week - depending on the characteristics of a particular organization and work regime (Article 100 of the Labor Code of the Russian Federation). A five-day work schedule is considered classic.
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Working hours are set taking into account the wishes of the representatives of the above categories, taking into account the production conditions. V work books such a mode of operation is not noted.
Part-time working hours can also be set at the initiative of the manager (for example, for the purpose of organizational changes) with the consent trade union body... Working hours of doctors on TC A special category is represented by medical workers... The quality of their services can be significantly reduced as a result of processing. Therefore, a week of working time is set for them according to the Labor Code of the Russian Federation, reduced by 1 hour (duration 39 hours). There is a four-stage gradation of health workers with different length of the working week.
Working hours according to the Labor Code of the Russian Federation in 2018
Length of the working day under the Labor Code in 2016-2017 Normal shift length How the number of daily working hours is distributed depending on the number of working days in the week of which the law determines the number of daily working hours Part-time working hours The length of the working day before weekends and holidays How to fix the length of the working day for all employees of the organization or for a specific employee The length of the working day under the Labor Code in 2016-2017 of the Labor Code of the Russian Federation in Art. 91 defines what is working time.
Length of the working week according to the Labor Code 2017
- Work on the eve of rest before the weekend with a six-day working week should not be longer than 5 hours. The same holidays are approved for all (Article 112). Payment for processing Processing and performing work duties on weekends (days) are paid at a double rate (Article 153 of the Labor Code of the Russian Federation) and more to the following persons:
- workers hired on a piece-rate basis - at a double rate;
- at daily rates - double daily salaries (or more);
- at hourly rates - double hourly rates according to the tariff (or more);
- holders of an official salary - not less than the proportional part of the established salary for the processed hour (day) in excess of the salary.
When calculating payment in the indicated cases, only fixed payment amounts are taken into account, excluding incentive payments, compensation and social charges.
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Establishment of state guarantees in the field of labor, creation favorable conditions for work, protection of the rights and interests of employees and employers - the main goals of labor legislation (Article 1 of the Labor Code of the Russian Federation). These questions are relevant for the vast majority of organizations and for many individual entrepreneurs... Recall that one of the fundamental documents governing labor relations is the Labor Code of the Russian Federation (Article 5 of the Labor Code of the Russian Federation). We will tell you about some of the main changes to the Labor Code in 2017 in our material.
Relief for microenterprises
From 01.01.2017, the Labor Code was supplemented with a new Chapter 48.1 (Federal Law of 03.07.2016 No. 348-FZ). It sets some specifics for employers who are.
Thus, a micro-enterprise has the right to refuse in whole or in part from the adoption of local labor regulations. We are talking, for example, about the internal labor regulations, regulations on wages or bonuses, shift schedule, etc. However, this does not mean that such issues in the microenterprise will remain unresolved. Those conditions that should have been provided by local regulations, if the micro-enterprise refuses to develop such acts, it is necessary to enter directly into labor contracts with employees. For this, the standard form of the employment contract approved by the Government Decree of August 27, 2016 No. 858 should be used as a basis.
New binding document when concluding an employment contract
2017, the amendment to Art. 65 of the Labor Code of the Russian Federation, concerning the list of documents presented when applying for a job. Recall that persons who have been subjected to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor's prescription or new potentially dangerous psychoactive substances, until the end of the term of such punishment, are not allowed to certain types works (clause 1 of article 10 of the Federal Law of 13.07.2015 No. 230-FZ). These types of work include, for example:
- work directly related to ensuring transport security (clause 9, part 1, article 10 of the Federal Law of 09.02.2007 No. 16-FZ);
- work directly related to the movement of trains and shunting work (clause 3 of article 25 of the Federal Law of 10.01.2003 No. 17-FZ);
- work as a private security guard (clause 13 of article 11.1 of the Law of 11.03.1992 No. 2487-1).
Now, when applying for such types of work, it is necessary to present a certificate (Appendix No. 4 to the Administrative Regulations, approved by Order of the Ministry of Internal Affairs No. 665 dated October 24, 2016) about whether or not a person is subject to administrative punishment for such acts.
Amendments to the Labor Code: June 2017
The latest amendments to the Labor Code at the time of preparation of the consultation are in June 2017. Vladimir Putin signed the amendments to the Labor Code on June 18, 2017. These new amendments to the 2017 Labor Code enter into force after 10 calendar days after the day of official publication (Article 6 of the Federal Law of June 14, 1994 No. 5-FZ). On the official Internet portal of legal information http://www.pravo.gov.ru last changes in the Labor Code of the Russian Federation 2017 were published on June 18, 2017, which means that the amendments to the 2017 Labor Code come into force not on June 19 (the next day), but after 10 days, i.e. on June 29, 2017. Indeed, in order for the changes to the Labor Code to come into force on June 19, 2017, they should have been published on June 8, 2017.
Amendments to the Labor Code 2017 on wages
Amendments to Art. 152 of the Labor Code of the Russian Federation clarify the procedure for paying for overtime work. Recall that according to general rule overtime work is paid for the first two hours not less than one and a half amount, for the next hours - not less than double size or compensated by the provision of equivalent rest time. The latest amendments to the Labor Code of the Russian Federation establish that overtime work on weekends and non-working holidays, paid in an increased amount or compensated for rest in accordance with Art. 153 of the Labor Code of the Russian Federation, when determining the time of "regular" overtime work is not taken into account.
Additionally, the specifics of remuneration for work on a weekend or a non-working holiday have been clarified. Article 153 of the Labor Code of the Russian Federation establishes that all employees are paid an increased amount of hours actually worked on a weekend or a non-working holiday (from 00.00 to 24.00), even if only part of the working day (shift) falls on such days.
New edition of Art. 91 of the 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 refer to working hours.
Normal working hours cannot 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 working time per week, is determined by the federal executive body responsible for the development of 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 can be less or more than the duration of work established for the employee. Working hours also include other periods within the normal working hours when the work was not actually performed. For example, paid breaks during the working day (shift), downtime through no fault of the employee.
The duration of the working time is usually established by fixing the weekly norm of working time.
The maximum limit on the duration of working hours is established by law, thereby limiting the duration of working hours. Article 37 of the Constitution of the Russian Federation, securing in paragraph 5 the right to rest, indicates that a worker under an employment contract is guaranteed the duration of working hours established by federal law.
The Labor Code assigned section IV to working hours, which consists of two chapters (15 and 16).
Article 91 of the Labor Code of the Russian Federation defines working time.
Working hours - 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, refer to working hours. Based on this, the rights of the parties labor relations to determine the boundaries of working time, to establish the beginning of the working day, its end, time for lunch break, as well as the working time regime, through which the working time established by the current legislation is ensured.
The Code emphasizes that normal working hours cannot exceed 40 hours per week. This maximum working time applies to the vast majority of employees and therefore, in legal terms, is considered a universal measure of labor.
The meaning of limitation of working hours by law is that:
1) ensures the protection of the employee's health from excessive fatigue and contributes to the longevity of his professional ability to work and life;
2) for the working hours established by law, society, production receive from each employee the necessary definite measure of labor;
3) allows the employee to study on the job, improve his skills, cultural and technical level (develop personality), which, in turn, contributes to the growth of the employee's labor productivity and the reproduction of skilled labor.
The time during which the employee, although he does not fulfill his job duties, but carries out other actions, include 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, during working hours, special breaks for heating and rest are included, provided to workers who work in the cold season on outdoors(for example, construction workers, assemblers, etc.) or in closed unheated rooms, 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 conducting a special set of gymnastic exercises. For example, drivers are given 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 rules.
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 for the main and preparatory and final activities (preparation of the workplace, receipt of an order, receipt and preparation of materials, tools, familiarization with technical documentation, preparation and cleaning of the workplace, delivery finished products etc.), provided for by the technology and organization of labor, and does not include the time spent on the way from the checkpoint to the workplace, changing clothes and washing before and after the end of the working day, lunch break.
In conditions of continuous production, transfer and acceptance of a shift is the responsibility of the shift personnel, provided for by the instructions, norms and rules in force in the 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 condition of the equipment and the progress technological process, accept verbal and written information from the employee handing over the shift to continue the technological process and equipment maintenance. The specific duration of the turn-around time for 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 grants 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 resolved by them independently. The adopted decision is fixed in the approved in established order internal labor regulations.
Normal working hours cannot exceed 40 hours per week for either five or six days' workweeks. This is the working time norm 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 employer) throughout the territory of the Russian Federation, regardless of the organizational and legal form of the enterprise, type of work, length of the working week. Normal working hours are a general rule and apply if the work is performed under normal working conditions and the persons performing it do not need special labor protection measures; applies to workers of physical and mental labor... Normal working hours should be of such duration as to preserve the ability to live and work. Its duration depends on the level of development of production forces.
It should also be taken into account that the normal duration of working hours established by Article 91 of the Labor Code of the Russian Federation applies equally to both permanent and temporary seasonal workers, to workers employed at the time of execution. certain works(Articles 58, 59 of the 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 the work: day, evening, night hours, working hours on weekends and holidays, overtime work, hours of reduction of work against the established duration of the working day in cases provided for by law, downtime through no fault of the employee, etc.
It is necessary to distinguish between the duration of the working time during the day and the norms of the working time. The length of the working week is calculated from seven hours of the working day, the length of the working time during the day may be different.
In addition to the normal working hours, the Labor Code of the Russian Federation regulates the issues of reduced working hours, part-time working hours, 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 the definition of working hours, secondly, it establishes its maximum duration and, thirdly, indicates the employer's obligation to keep records of working hours.
2. The definition of working time, given in Part 1 of Art. 91 TC, is based on the prevailing in Russian science labor law the concept of working time and focuses on the factor of duty: the worker can be attributed to the time during which the employee must perform labor duties. In the definition, in essence, two different concepts are identified: working time as such and its rate. It must be borne in mind that the actual hours worked may not coincide with established by the rules internal labor regulations or an employment contract with the norm of working hours. 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 hours are given in ILO Conventions Nos. 51, 61.
3. In Art. 91 of the Labor Code of the Russian Federation emphasizes that working hours also include other periods that, 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 a commentary to them).
The collective agreement may establish other periods related to working hours.
4. Working time norm - the number of hours that an employee must work during a certain calendar period. The determination of the working time norm is based on a calendar week. Based on the weekly norm, the norm of working time for other periods (month, quarter, year) is established, if necessary.
5. For a long period, up to 1992, in our country, the state established strict norms of working hours, binding on the parties to an employment contract. The legislation explicitly stated that the norms of working hours cannot 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 upward or downward. Exceptions to this rule were established in the law itself.
Contemporary Russian labor legislation- in accordance with the Constitution of the Russian Federation and international legal acts, to which Russia has joined, - secured for labor legislation in the field of regulating working hours, the function of labor protection, implemented by establishing a limit measure of labor by law, which employers neither independently nor by agreement with representative bodies employees or with the employees themselves 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 a commentary to them). A specific working time norm is established by a collective agreement or agreement and may be lower than this maximum norm (see article 41 of the Labor Code of the Russian Federation and a commentary to it).
6. Rationing of working time is carried out taking into account working conditions, age and other characteristics of workers and other factors. Depending on the established duration of working hours, labor legislation distinguishes between the following types:
a) normal working hours;
b) reduced working hours (Article 92 of the Labor Code of the Russian Federation);
c) part-time work (Article 93 of the Labor Code of the Russian Federation).
7. Normal working time is the duration of working time applied in the event that the work is performed in 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 determines the limit of normal working hours at 40 hours per week. Within these limits, the normal duration of working hours is established by the collective agreement and agreements. In cases where a collective agreement has not been concluded or a condition on the duration of work has not been included in the collective agreement, the legal limit of 40 hours per week is used as a real working time norm.
8. Accounting for the time actually worked by each employee should be kept in organizations of all organizational and legal forms, except budgetary institutions, according to forms T-12 "Timesheet of working hours and calculating wages" or T-13 "Timesheet of working hours", approved by the Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1. Accounting for the working hours of each employee working under an employment contract , should be carried out by the employer - an individual entrepreneur.
For example, a schedule of four hours on Monday and Thursday. Prior to that, Article 93 of the Labor Code of the Russian Federation allowed to shorten either a week or days. Also, in article 93 of the Labor Code of the Russian Federation, from June 29, 2017, a rule appeared that an employee can be assigned a part-time working day, dividing it into parts. For example, two in the morning and three in the evening. Previously, there were no such provisions in the Labor Code of the Russian Federation. This is how part one of Article 93 of the Labor Code of the Russian Federation reads after amending it: When it is necessary to take into account the wishes of employees An employer can transfer any employee to work with an incomplete schedule at his request. However, in an individual employer is obliged to establish a part-time work regime for the employee.
Features of working hours for shopping malls
Labor Code of the Russian Federation). During the week, working hours must be distributed in such a way that its total duration does not exceed the specified limit. Most often, you can find this option - an eight-hour working day with a five-day working week with days off Saturday, Sunday. However, in addition to normal working hours, part-time work may be established.
Part-time work involves part-time work during the week, or during the working day or shift. The establishment of part-time work is regulated by article 93 of the Labor Code of the Russian Federation. An example of establishing part-time work An employee is not employed for five working days, but for four or not eight hours per shift, but six.
Part-time: how it can be set From June 29, 2017, employers have the right to simultaneously set an employee a part-time day and a week.
Labor code of the Russian Federation 2017 working hours how much per month
The employee has the right to rest, which includes, inter alia, the normal duration of work, as well as:
- breaks from work during the work shift (including for meals);
- rest between shifts;
- weekends and holidays;
- vacation.
These are the types of rest time according to the Labor Code of the Russian Federation. Let's consider them in more detail. Rest between shifts The employer is obliged to comply with the provisions governing the length of the working day (shift) (Articles 21, 22, Chapter 15 of the Labor Code of the Russian Federation). The normal duration of work shifts per week, as a general rule, should not exceed forty hours.
The specific standard of daily work under the Labor Code and the corresponding rest time are regulated by a by-law. Based on clause 1 of the Procedure approved by Order of the Ministry of Health and Social Development of the Russian Federation of August 13, 2009 N 588n, with a five-day period and a 40-hour working week, the duration of a shift is eight hours.
Rest time according to the labor code
Other categories of workers for whom the law determines the number of daily working hours The law determines the daily rate of hours not only for the already listed categories of workers, but also for some others. Working hours are set taking into account the wishes of the representatives of the above categories, taking into account the conditions of production. The work books do not indicate such a work mode. Working hours of part-time work can also be set at the initiative of the manager (for example, with the aim of organizational changes) with the consent of the trade union body. Working hours of doctors on TC A special category is represented by medical workers.
The quality of their services can be significantly reduced as a result of processing. Therefore, a week of working time is set for them according to the Labor Code of the Russian Federation, reduced by 1 hour (duration 39 hours).
Labor Code of the Russian Federation 2018 (TC RF edition 2017-2018)
Classification of types of working time by Labor Code Highlighted different types time spent working: normal (40 weekly working hours), abbreviated, incomplete, non-standardized. A working day happens:
- normal duration - usually 8 hours (standard);
- incomplete volume;
- shortened duration;
- with a duration not included in the standard (overtime, irregular work).
For your information There are also other versions of the working day, developed in the collective agreement of the enterprise. Working time norm The working time norm according to the Labor Code of the Russian Federation (Article 91) is the number of hours worked by agreement for a certain calendar period.
The maximum norm not subject to violation is established by law. Exceptions are also possible in statutory cases.
Article 94.Duration of daily work (shift)
For example, a medical examination before the driver leaves the line. TO preparatory activities does not include: time from home to work, changing clothes, lunch time. Setting working time standards Working hours are coordinated in accordance with the WTP and the collective agreement. A schedule is being developed, alternative modes of work, their volume is individually incomplete, reduced.
Attention
All coordination issues in the schedule are determined by orders. Information about the time actually worked is highlighted in the report card. Attention When establishing the required working intervals, it is important to comply with the norms of federal law and correctly draw up regulations.
Optimal development and setting of working hours directly affects the return, maintains performance, prevents fatigue, which leads to making mistakes, and has a negative effect on health. Therefore, compliance with established norms is so important.
Working hours according to the labor code 2017
An alternative day of rest (or several) can be provided upon request. In this case, the amount of payment (single) is due only for the worked (initially non-working) day. Nuances Each of the illuminated concepts of working time has a lot of nuances.
For example, flexible working hours. Many subtleties are taken into account in the summarized accounting of labor time, seasonal work, in the period probationary period, in other cases. Nuances can be legal, professional and reflected in employment contracts specific enterprises. For your information A separate leader, based on the 40-hour week determined by law, has the right to calculate optimal options daily work time. At the same time, one should not forget about the norms of the law, without exceeding the duration for certain categories of workers. Work time - the most important parameter labor process.
The labor law today establishes two options for the payment of salaried employees - based on the amount of work performed (piece-rate) and on the basis of the time duration of work (time-based payment). However, most employees still receive their remuneration according to the time worked. If you do not delve into the details of establishing and accounting for this very time, everything seems extremely simple: you work five days a week, you receive a salary. But in reality, everything is much more complicated - the law sets many frameworks and conditions for the principles of justice, equality and protection of workers' health to be observed.
Fundamentals of the distribution of labor time
Working time is a measure of wages
The legislative basis for the distribution of working time is laid down in Chapter 15 of the Labor Code. By the time of labor, the law relates the totality of time intervals for the performance of an employee of his job duties for a certain period (day, month, quarter, etc.). At the same time, in order to ensure a fair distribution of labor time, and, accordingly, its fair payment, the law introduces the concept of normal duration of labor.
A week was chosen as the base segment for determining the general labor standard. In accordance with Art. 91 TC the normal duration of work per week is 40 hours. The entire production calendar is based on this base value.
If there were no general norms for the duration of work, and employers could independently determine the regime, the work of workers could not be paid equally fairly. Some would work less, some more, but with uniform wage rates, everyone would receive the same remuneration.
The standard of working time is a kind of measure for calculating earnings in those cases when a citizen was absent from work for some time (was ill, was on vacation, etc.). It is according to the rate of hours that the percentage for the payment of the actually worked time is calculated.
Example 1. Loader Selivanov works according to the production calendar 40-hour working week, 8-hour working day. His monthly salary is 30,000 rubles. From November 1 to November 10, 2017, he was on vacation without saving his earnings, the rest of November - he worked every working day. According to the production calendar, Selivanov had to work 167 hours in November. During the vacation there were 7 working days, 6 of which - 8 hours each, one - (03.11) - 7 hours (abbreviated as pre-holiday).
Calculation of the hours of the vacation period that will not be paid:
6 days × 8 hours +1 day × 7 hours = 55 hours.
Calculation of actual hours worked:
167 hours - 55 hours = 112 hours.
Calculation of Selivanov's wages for November:
30,000 RUB / 167 hours × 112 hours = 20,120 RUB
Video: General Provisions on Working Time
Production calendar
Production calendar - the basis for planning and accounting of working hours
The main guideline for employers with regard to the distribution of working time is created annually at the state level - this is a production calendar for a year.
The production calendar is not an official document, it is only a calculation based on government decrees on the postponement of weekends for a certain year.
In the production calendar, taking into account all weekends, public holidays and associated transfers and abbreviations, the time norms are spaced in the following formats:
In the production calendar, there are calculations of norms not only for 40-hour, but also for 35-hour and 24-hour working week.
Photo gallery: production calendar for Q4 2017 and 2018
Calculation of the duration of work per week, month, quarter
Calculation of the duration of labor for any period - week, month, quarter, year - for those workers who work under normal conditions (strictly according to the production calendar) labor is not difficult - all data can be extracted from the calendar itself. It is more difficult to take into account the labor of those to whom the summarized accounting is established.
Summarized labor accounting - a regime that provides for the reconciliation of hours with the production calendar, not by the end of the week, but for more a long period- a month, quarter or even half a year.
If the local legal regulations and the labor agreement with the employee provide for the maintenance of the summarized accounting, he needs to select the accounting period (it will be a month, quarter or half a year). In this case, information about the selected period is entered directly into the terms of the employment agreement. Further, when drawing up schedules and timesheets for this employee, the data with the production calendar are reconciled only for the accounting period. Salaries are calculated based on the ratio of the time worked with the planned time.
Example 2. Cashier Gritsakova works in the conditions of summarized labor accounting (accounting period - quarter). When drawing up the schedules for the 3rd quarter of 2017, the head of the department, Fedorov, planned the following working hours for her: July - 154 hours (outside the summarized account - 168 hours); August - 193 hours (outside the summarized account - 184 hours); September - 173 hours (outside the summarized account - 168 hours).
Thus, the work rate per quarter for Gritsakova is 520 hours, it coincides with the production calendar.
Despite the fact that in July the employee did not work to the norm, in August and September she overworked, for each of these months she will be paid wage in full (meaning the situation when the employee was not on vacation or on sick leave).
So, if Gritsakova's salary is 45,000 rubles, the calculation will be made as follows:
for July (worked a full month): 45,000 rubles / 154 hours × 154 hours = 45,000 rubles;
in August (I was sick for 5 days, according to the schedule, they had 30 hours): 45,000 rubles / 193 hours × (193 - 30) hours = 38,005 rubles. (sick leave payments are calculated separately, according to other rules);
in September (I was on vacation at my own expense for 3 days, according to the schedule they had 15 hours): 45,000 rubles / 173 hours × (173-15) hours = 41,098 rubles.
Thus, for employees with cumulative accounting for periods shorter than the accounting one, an individual rate is established. And already from this individual norm the calculation of earnings depends on the availability of actual unworked time.
Video: duration of working hours
Reduced and part-time working hours
In order to protect interests individual groups employees, as well as compliance with the principles of freedom of work, respect for public holidays, the law introduces the concept of truncated forms of working time - shortened and incomplete.
Shortened and part-time work are two forms of shortening the time boundaries of work
The norms on reduced working hours contain Art. 92, 95 of the Labor Code, about incomplete - Art. 91.
The general meaning of shortened working hours is to reduce labor standards while maintaining its pay (in other words, you work less, and you receive the same as everyone else). Reduced working hours are established:
Incomplete working time is a mode in which the working time is reduced, but it is paid proportionally (everyone has heard of all kinds of variations of part-time work - half-time, quarter rate, etc.). As a general rule, part-time work is established at the time of employment or subsequently by agreement of both parties. Nevertheless, the employer is obliged to provide the opportunity to work in this mode for certain categories of workers at their request:
Duration of daily rest
The law also regulates the duration of daily work for certain categories of employees. The maximum duration is established by Art. 94 TC:
It should be noted that the maximum duration of a shift for the total mass of employees is not established by law. There is only a restriction prohibiting the work of two shifts in a row (Article 103). At the same time, the legislation of neighboring countries (for example, Belarus) introduced stricter restrictions on this account - it is prohibited to establish shifts longer than 12 hours.
Work outside the norm
The employer has the right to engage the employee in work even in excess of the time limit.
In practice, the employer does not always manage to achieve the necessary results of production activities, keeping within the time norms established by the law - he has to resort to processing. The law allows this, but strictly adheres to the principles of fairness of remuneration, health protection and the interests of the employee. As a rule, excess work is compensated several times more generously than standard work.
In total, the TC provides for three forms of excess work:
Video: a few words about irregular working hours
Accounting for part-time workers
Several special rules for establishing and accounting for working hours are provided for by law for part-time workers.
Part-time in pure form only additional work is considered. The first job is considered the main one, and for it the working time of a part-time worker is established and calculated in the usual manner.
In accordance with Art. 284 TC, the daily work of a part-time worker in hourly terms should not exceed 4 hours, and monthly - half of the standard duration. But there is an exception to the rule on the daily norm: if on one of the days an employee is free for his main job, he can work part-time for a whole working day (without a 4-hour limit).
In cases where it is necessary due to the specifics production processes, part-time workers can be set up a summarized accounting of labor.
Remuneration for part-time workers is made in proportion to the hours worked from the full norm (Article 285 of the Labor Code).
Example 3. Privolinsky works two jobs. One of them (at Stroy LLC) is the main one - there he works 8 hours a day according to the usual schedule without the summarized accounting. The second job - part-time job - carrying out loading operations at JSC "Ampir". For the second employer, Privolinsky works 4 hours a day from Monday to Friday. In October 2017, Privolinsky was sick from the 2nd to the 6th. All in all, there are 176 working hours in the production calendar for October. Salary (full) of a loader of JSC "Ampir" - 40,000 rubles. per month.
The calculation of wages (without sick pay) will look like this:
5 days of sick leave × 4 hours = 20 hours (fell on sick leave)
22 working days × 4 hours = 88 hours (Privolinsky should have worked in October if he had not got sick)
RUB 40,000 / 176 hours × (88–20) hours = RUB 15,455 (salary for October without sick leave payment).
Part-time leave is provided simultaneously with the vacation period at the main place (Article 287 of the Labor Code).
Time relax
Rest time, as well as work time, is subject to strict accounting.
In order to comply constitutional rights citizens for rest and health protection, the labor law strictly regulates the relationship to provide the employee with free time from work - breaks in work, intervals between shifts and working days, weekend, holidays and vacations. All these types of recreation are directly provided for by Art. 107 TC. And each of them has its own rules for establishing, accounting and payment.
Breaks during the working day
Breaks from work during the working day are a mandatory requirement of the law, because everyone has personal and absolutely natural needs (eating, heating when working on the street, rest during hard physical work and other personal needs). The law establishes two types of such breaks:
Employers should keep track of the meal times they set for the employee. If its maximum duration is exceeded, there is a break in the working day - a condition that requires separate regulation and increased payment.
The time falling on the indicated breaks is necessarily reflected in the schedule and in the report card, but is excluded from the general calculation of hours.
Video: let's talk about breaks
Weekends and holidays
Regarding holidays, the law also contains a number of rules:
Holidays
Labor leave is the time of rest that is paid as work leave. Every employee is entitled to a minimum amount of such rest - 28 days a year. In addition, depending on the situation and the will of the employer, this base number of days is added to additional vacations- for seniority, for irregular working hours, for harmful and unsafe working conditions, for the special nature of work, etc.
Right to vacation period in general, arises from the employee for each individual working year. However, for the first year of employment, leave is granted no earlier than 6 months from the date of hiring an employee. The vacation can be divided into several periods, but one of them cannot be less than two calendar weeks. For a part unchecked vacation, remaining after using it for 28 days, by agreement of the parties, monetary compensation can be issued. By agreement with the employee on vacation, the employer can recall him from there to perform urgent work, providing the part that has not been completed at a later time.
Example 4. Storekeeper Timushkina got a job at Sklad LLC on 23.07.2005. Since then she has been transferred several times to various positions in different structural divisions. Nevertheless, her individual period (year), giving the right to the next vacation, did not change, since she never took more than 14 days of vacation at her own expense. Timushkina's next working period began on July 23, 2016 and ended on July 22, 2017. For this year, she is entitled to 28 days of main vacation, 2 days of vacation for irregular working days, 1 day of vacation for seniority, and in total - 31 days. During this period she took leave:
In December 2017, Timushkina asked the employer to compensate her for the rest of the vacation with money, which was refused, since she only used 20 days of vacation. The employee was advised to write an application for 8 days of vacation and compensation for 3 days not worked, which she did. In addition, starting from 23.07.2017 Timushkina already has the right to new vacation lasting 31 days (for the period from 07/23/2018 to 07/22/2018).
In addition to paid employees, unpaid vacations may also be provided if there are good reasons for this (family and household, for example). The employer is obliged to provide some categories of citizens at their request (Article 128 of the Labor Code).
It is important to understand that the hours spent on vacation or sick leave are necessarily included in the labor standard for the accounting period. After all, it is the difference between the norm and the worked rate that gives the percentage from which wages are calculated.
Time tracking: documents
The only document on the basis of which labor time is "accepted" for payment is the report card.
When drawing up timesheets, forms T-12 and T-13 are used (the second is suitable for accounting for labor time by automated system- according to the turnstile). As a rule, the responsibility for drawing up timesheets is assigned either to the heads of structural divisions or to the personnel department.