Working hours in non-standard situations. Labor Code of the Russian Federation The time during which the employee

16.04.2020

Working time - the time during which the employee, in accordance with the internal labor regulations and conditions employment contract must perform labor duties, as well as periods of time that, in accordance with regulatory legal acts, are classified as working time (Article 91 of the Labor Code). Norma - 40 hours a week. Daily duration and mode - in the internal labor regulations, the collective agreement and other local regulations. The duration of the shift is in the shift schedules. The norm of working hours for everyone, except for those for whom, in order to protect their labor, the Labor Code or other laws establish a reduced working time (Article 92 of the Labor Code). Reducing by one hour the duration of the working day (shifts) immediately preceding a non-working holiday (Article 95 of the Labor Code). Part time, part time work week- established by agreement between the employee and the employer. Payment is proportional to the time worked or depending on the amount of work performed. Art. 96 TC: night time - from 22 to 6 - reduction in the duration of the shift by 1 hour. Work outside the normal working hours, carried out at the initiative of the employee ( combination) or at the initiative of the employer ( overtime work). Internal (in the same company) and external (when concluding an agreement with other employers) part-time work: not exceeding 4 hours a day and 16 hours a week - part 3 of Art. 98 and Art. 284 TK.

Overtime work- work performed 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 (Article 99 of the Labor Code). No more than 4 hours on 2 consecutive days and no more than 120 hours per year. Such work is paid at an increased rate: the first 2 hours of work - at least one and a half, the next hours - at least double the amount. Specific sizes can be determined in a collective or labor agreement. At the request of the employee, instead of increased pay, mb additional rest time.

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 duties outside working hours (Article 101 of the Labor Code). Work in flexible working hours(Article 102 of the Labor Code) - determined by agreement of the parties, the employer ensures that the employee works out the total number of working hours during the accounting periods.

Shift work- in accordance with the shift schedule. The employee cannot change the established order, the employer cannot call the employee outside the schedule.

Time relax- the time during which the employee is free from the performance of labor duties and uses it at his own discretion (Article 106 of the Labor Code). This is a break during the working day (shift), daily (between shifts) rest, weekends, public holidays. Engagement to work on non-working days - Art. 113 of the Labor Code, payment of at least double the amount according to the rules in s. 153 TK. At the request of the employee, the MB is provided with another day of rest, then the payment is normal.

Annual paid vacation- continuous free time (at least 28 days), during which the employee retains the place of work (position) and average earnings. More than 28 days - extended basic leave - in accordance with the Labor Code and others federal laws. Annual additional paid holidays- Art. 116-119 TK. The right to use leave for the 1st year of work - after 6 months of continuous work in the organization, in special circumstances - up to 6 (Article 12 of the Labor Code). In the future - for the working year. Payment at least 3 days before the start of the holiday in accordance with Art. 136 TK. Vacation mb extended or rescheduled. By agreement of the parties, you can divide the vacation into parts (Article 125 of the Labor Code). At least one part must be at least 14 days old. Early recall from vacation - only with the consent of the employee. Upon dismissal, compensation is paid for all unused vacations (Article 127 of the Labor Code). At the written request of the employee, unused vacations are granted to him with subsequent dismissal.

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Main articles of the law

The labor legislation of the Russian Federation is designed to protect the interests and rights of the employee. Labor Code The Russian Federation is the main regulatory legal act that regulates the legal relationship between the employer and the employee.

The Labor Code of the Russian Federation is the main document by which the relationship between the employer, employee and legal legislation is determined.

Please note! Chapter 4 of the Labor Code of the Russian Federation sets out the main categories of workers:

minor citizens;
women with children;
invalids of the first, second, third groups;
temporary workers;
workers performing work duties on a rotational basis, in shifts.

An employment contract is mandatory between any employee and the employer. The rule is regulated in Chapter 11 of the Labor Code of the Russian Federation. Chapter 11, 12, 13 of the Labor Code of the Russian Federation provides for the main aspects of the contract.

Chapter 14 of the Labor Code of the Russian Federation states that the interests and rights of an employee must be taken into account in the performance of his job duties, and personal information is not subject to disclosure to third parties.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Workers' rights

The rights of the employee and the employer are reflected in the employment contract. Please read this clause carefully before signing it. Rights are the capabilities of a specialist, not job responsibilities.

The basic rights of an employee include:

the right to conclude an employment contract with optimal requirements and acceptable conditions. An employment relationship begins with the signing of a contract. Throughout the activity, the document serves to ensure the rights and interests of the parties;
the right to receive a job in accordance with the terms of the employment contract. The employee receives the position that is prescribed in the contract with certain working conditions, duties, wages;
right to receive wages. In accordance with the current legislation, the specialist receives a calculation twice a month (basic salary and advance payment). The bonus is given when the plan is overfulfilled, for excellent work at any time;
the right to rest. Weekends and holidays are equated to rest. Vacation is granted once a year. It must be paid. Days off are fixed in the work schedule of the company. The performance of labor duties at this time is paid at a double rate;
right to receive accurate information about his workplace, about the amount of wages, working conditions. When hiring, the employer is obliged to clearly explain what the duties of the future employee are, as well as the amount of remuneration without exaggeration;
the right to training from the employer. If it is necessary to improve qualifications, the employer is obliged to send the employee to courses at his own expense. The amount paid is not deducted from the employee's salary. For the entire period of study, wages are paid in the form of a scholarship;
the right to participate in trade union organizations, on the formation of such in the company. If the organization does not yet have a trade union, then any employee can organize one in agreement with the head. The employer should not interfere with the establishment of the organization;
the right to ensure and protect interests. Nobody can break them. For example, payment of wages is carried out in full at least twice a month, no later than the established date;
the right to receive compensation in case of damage to the employee during the performance of his labor duties. The employee claims compensation for both material and moral harm;
the right to receive compulsory social and pension insurance. The employer is obligated to pay social and pension insurance contributions for the employee. They are not deducted from the employee's salary. At the moment they are 6% and 26% respectively.

Important! The employer is obliged to pay personal income tax for the employee, equal to 13%. This is the only deduction from the employee's salary. It is impossible to reduce the amount by more than thirteen percent.

Ensuring fundamental rights of employees

According to the labor legislation of the Russian Federation, the employer is obliged to provide his employees with rights. The interests of workers are put above all else. However, the employer must not be forgotten.

Thus, the employer is obliged to ensure the following rights:

the conclusion of an employment contract is a mutual obligation. Both parties have the right to make adjustments, suggestions. Termination of the contract occurs at the initiative of one of the parties or with the consent of both;
A collective agreement is an agreement between an employer and a team of employees. Changes and adjustments are made in agreement with all participants. Modification can be initiated by one of the employees - a representative of the team.
an employment contract is a guarantee of providing an employee with a workplace, job duties and wages for their performance. The contract is concluded on the basis of the Labor Code of the Russian Federation;
the employee has the right to receive from the employer workplace, tools for the performance of labor duties, a special form. Materials for work are provided entirely at the expense of the employer;
wages are paid to the employee at least twice a month, on the due date. Financial security is the main interest of the employee, therefore this right should not be violated in any case;
the company sets the daily routine. Rest is mandatory during this period. Lunch break - at least 30 minutes, rest break - at least 5 minutes, from 5 times a day;
weekends, holidays, as well as holidays are set for each employee. If an employee performs labor duties during this period, increased wage rates are provided;
the employer is obliged to provide the employee with timely reliable information related to the performance of his labor duties, as well as the receipt of wages, vacations, days off;
the employee has the right to receive additional qualifications at the expense of the employer. A similar approach is welcomed when introducing new technologies at the enterprise, as well as promoting an employee up the career ladder;
the right of the worker to participate in trade union organizations is inviolable. The employer should not prevent the organization of such companies, as well as participation in them;
any employee has the right to make suggestions for improving work, making a profit. Participation in public life welcomed and encouraged;
conflict resolution lies with the employer. The employee has the right to protect his rights in any way that does not contradict Russian law;
the employee has the right to receive compensation for losses incurred during the performance of his/her labor duties, including for damage to health;
the employee is entitled to social insurance from the employer. Deductions are made from the wage fund created in the company, and not from the employee's salary.

After signing the employment contract, any changes to it are made only with the consent of the employee. The clauses of the contract must not contradict the Labor Code of the Russian Federation.

ATTENTION! View the completed sample employment contract:

Additional rights and obligations

The basic rights of an employee are described in the Labor Code of the Russian Federation. It is forbidden to exclude them, modify them. However, the employer, in order to improve the quality of management, has the right to include in the contract additional rights and employee responsibilities.

In agreement with the employee, a complete list of rights and obligations is drawn up. Inclusion in the TD occurs solely with the consent of the parties. Changes are fixed by special regulatory legal acts, which are signed by the employer and the employee.

The employee or manager himself does not have the right to include additional obligations or rights in the text of the employment contract.

All clauses of the agreement do not contradict the legislation of the Russian Federation, and also cannot violate the interests of the parties.

Duties and responsibilities

The duties of an employee are contained in Article 21 of the Labor Code of the Russian Federation. They must be included in the contract.

Please note! When signing, the employee gets acquainted with the full list:

the employee is obliged to perform the work entrusted to him in accordance with the contract, to comply with the schedule labor day and the discipline established at the enterprise;
it is unacceptable to neglect the safety rules at the enterprise (instruction is carried out responsible person directly at the time of hiring);
the employee is obliged to bear material liability, if any, (a special agreement is concluded on liability, or this moment is reflected in the contract);
the employee is obliged to properly fulfill labor obligations in accordance with the TD;
if the enterprise is in danger, there is a risk of accidents at work, the employee is obliged to notify the management about this.

The list of duties of an employee must include short description labor function. If necessary, a detailed outline is reflected in job description employee.

Chapter nine of the Labor Code of the Russian Federation provides for material liability for the employee, which is divided into two types:

individual - the material responsibility of one employee to the employer in relation to the values owned by the enterprise;
collective - is a type of liability when a team of workers is responsible to the employer for the safety of values in a proportional or equal amount.

There is also full and limited liability. The first involves the full repayment of losses caused to the enterprise in the performance of labor duties by an employee. This type is welcome financial institutions, banks.

Limited liability implies the repayment of losses by the employee only partially. Thus, a percentage of the amount of harm caused during the performance of work duties is deducted from the employee's salary.

Such distribution is regulated by Chapter 39 of the Labor Code of the Russian Federation.

Note! The cost of materially accounted property decreases every year by the percentage of depreciation. The fact is reflected in the liability agreement, if any.

The employee is liable to the employer under the following conditions:

an employee over the age of 18;
the employee holds a position in accordance with the employment contract;
the employee signed an agreement on liability, or this fact is reflected in the main agreement.

By signing an agreement on full liability, the employee is responsible for the safety of property on a par with the employer. Losses are compensated in full, in proportion to the fault.

Remember! If the employer violates the rights, the employee has the right to apply to the judicial authority for the protection of his interests. However, it is not always possible to achieve a successful solution. This is primarily due to the fact that the employment contract is drawn up with violations.

If the contract contains information about which the employee was not notified, you will have to contact a lawyer for help in protecting your legal rights. Without his help, it will not be possible to prove one's case due to poor legal knowledge.

Guarantees and obligations

The employer provides the job. On his shoulders lies the duty to provide a workplace, as well as materials for processing. The head establishes internal regulations, wage rates. The Labor Code of the Russian Federation takes the side of protecting the employee.

Article 220 of the Labor Code of the Russian Federation gives the employee basic guarantees that he can use during the performance of his labor function.

Employee guarantees are also contained in the Federal Law N 181-FZ "On the Basics of Labor Protection in the Russian Federation" dated 07/17/1999. It underwent the last changes on December 26, 2005.

Important! According to the regulatory legal acts, the employee applies for:

getting a job;
receiving wages not lower than the established subsistence level in a particular region of the country;
obtaining normal working conditions;
ensuring labor safety on the part of the employer;
the possibility of refusal to perform labor duties in some cases (for example, if the performance of a labor function will lead to losses or harm to health).

According to Article 220 of the Labor Code of the Russian Federation, an employee has the right to receive work in accordance with an employment contract, as well as working conditions that meet safety requirements. Working conditions are described in the contract. The clause must be carefully re-read, otherwise the employer is not responsible for safety at work.

If the enterprise is closed for some time, does not function through no fault of the employee, he retains the right to receive the minimum wage. For example, if the judicial authority suspended the activities of the organization for thirty days, for all this time the employee must receive a salary not lower than that established by the employment contract.

If the organization temporarily closes the position occupied by an employee, he is provided with another workplace while maintaining the basic salary.

If a danger to life and health is detected in the performance of a labor function, the employee has the right to refuse to perform work until the danger is completely eliminated. For this period, the employee is transferred to a less dangerous place with the same salary.

If there is no other position to replace the previous one, the employee is granted paid leave. When using the main holiday, additional leave is provided at the expense of the employer.

If the employer did not send an employee who lost his main job on vacation, the downtime period is paid in accordance with the tariffs established by the enterprise. The total amount payable must not be less than the minimum wage in the region.

If an employee refuses to perform labor duties due to possible harm to health and life of himself and other employees, the employer does not have the right to bring him to disciplinary liability.

If during the performance of the labor function the employee is injured, or his property becomes unusable, the employer is obliged to pay compensation. The size depends on the severity of the damage. If the manager refuses to provide payment, the employee has the right to go to court and recover from the company the amount of material and moral damage.

The state is called upon to provide the employee with the maximum set of rights. Employees of enterprises have the right to protect their interests in any way that does not contradict the legislation of the Russian Federation, as well as to involve third parties, for example, lawyers, in their defense.

Watch the video. Rights of the employee and the employer:

Consequences of non-compliance

Attention! If the employee does not comply with the obligations assigned to him in accordance with the employment contract, he bears responsibility, which is divided into several types:

disciplinary - reprimand, dismissal, fine, etc.;
material - repayment of losses caused to the organization;
administrative - if the employee violates the points set out in the Administrative Code of the Russian Federation;
criminal - if the violations of the employee are of a criminal nature, for example, the disclosure of trade secrets.

Article 192 of the Labor Code of the Russian Federation gives a complete list of types of punishment for a disciplinary offense.

These include:

a remark made orally by the head;
reprimand, which is entered in work book employee;
dismissal under the relevant article of the Labor Code of the Russian Federation.

Before imposing punishment, the head is obliged to assess the severity of the disciplinary offense. If the actions of the employee did not lead to undesirable consequences, it is worth limiting yourself to an oral remark.

Article 238 of the Labor Code of the Russian Federation gives the concept of liability. It is borne by an employee who has entered into an agreement with the employer. According to the Labor Code of the Russian Federation, the employee is obliged to reimburse material damage, which caused during the performance of labor duties. For example, if an agreement on full liability is concluded between the manager and the seller of the store, if a shortage is found, he is obliged to pay the entire missing amount.

New edition Art. 91 Labor Code of the Russian Federation

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

Normal working hours may not exceed 40 hours per week.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a) normal working hours;

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

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

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

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 the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time.

Under current law, normal working hours should not exceed 40 hours per week.

In connection with the specifics of the work and activities of the institution, the following working hours are established in it:

Five-day working week with two days off - Saturday, Sunday:

a five-day working week lasting 40 hours with two days off with an 8-hour working day (Administration, workers of the AChCh, chef, head of the canteen, heads of the food and material warehouse, employees of the social rehabilitation department, etc.); a five-day working week lasting 36 hours a week with two days off at a 7.2 hour working day (personnel of the polyclinic department, heads of departments, doctors, employees of the social and rehabilitation department, employees of the day care department); shift work. At shift work each group of workers must perform work during the established working hours in accordance with the shift schedule.

work as part of a shift for two days in a row with a 12-hour working day, followed by rest for two days. At the same time, the duration of working hours for the accounting period does not exceed the 40-hour working week established by law (food unit staff, elevator operators). work as part of a shift for two days in a row with a 12-hour working day, followed by rest for two days. At the same time, the duration of working time for the accounting period does not exceed the 36-hour working week established by law (waiters). Working shift, according to the established shift schedule for a 12-hour working day. At the same time, the duration of working hours for the accounting period does not exceed the 36-hour working week established by law (medium and junior medical staff of departments).

The beginning of daily work, the time for a break for rest and food, and the end of the working day are set for employees, taking into account their production activities and are determined by work schedules approved by the administration.

5.2. Office staff hours:

Administration, employees of the AHS, head of the canteen, heads of the food and material warehouse, specialist in social work, librarian. Five-day work week with two days off with a 40-hour work week and an 8-hour work day. Chef, employee cook, office cleaners. Mistress Sisters
Middle, junior medical staff of departments. 12-hour shift on a sliding schedule with a summarized accounting for working hours. The duration of working time during the accounting period does not exceed the normal number of working hours with rest in the next 2 days;

Day shift:

Nurses-barmaids of mercy departments. Working as part of a shift for two days in a row work shift no more than 12 hours and rest for the next two days. At the same time, the duration of working time for the accounting period does not exceed 36 hours per week. Manufacturers of semi-finished products, dishwashers, workers. Work as part of a shift for two days in a row with a 12-hour working day with rest in the next two days. At the same time, the duration of working time for the accounting period does not exceed the 40 hours established by law.

The duration of the working day or shift immediately preceding a non-working holiday is reduced by 1 hour.

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 regulations, are related to working time.

By duration, working hours can be: normal, reduced and part-time.

Normal working hours cannot exceed 40 hours per week.

Reduced working hours is statutory hours of work less than normal, but with full pay. It is established for the following categories of workers:

- 16 hours a week - for employees under the age of 16;

– 5 hours per week - for employees with disabilities
1 or 2 groups;

— 4 hours per week — for employees aged 16 to 18;

- 4 hours a week or more - for workers employed at work
with harmful or hazardous conditions labor.

For students educational institutions under the age of 18 years of age, working in their free time from study, the working time may not exceed half the norm of an employee of the corresponding age.

part-time work is established by agreement between the employee and the employer in the form of a part-time work day or part-time work week with payment in proportion to the time worked or depending on the amount of work performed.

The employer is obliged to establish part-time work at the request of a pregnant woman, one of the parents (guardian, custodian) who has a child under the age of 14 (a disabled child under the age of 18), as well as a person caring for a sick family member in accordance with With medical opinion.

The duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour.

Time relax- this is the time during which the employee is free from the performance of labor duties and which he can use at his discretion.

Types of rest time:

1) breaks during the working day- no more than 2 hours and no less than 30 minutes; Employees working in the cold season outdoors or in closed unheated premises, as well as loaders engaged in loading and unloading operations, if necessary, are provided with special breaks for heating and rest, which are included in working hours.

2) daily (between shifts) rest ;

3) days off (weekly uninterrupted rest) - cannot be less than 42 hours. Weekend work is prohibited. It is allowed to attract only individual workers with their written consent and taking into account the opinion of the trade union committee in exceptional cases.

4) non-working holidays;

Non-working holidays in the Russian Federation are:

If a weekend and a non-working holiday coincide, the day off is transferred to the next working day after the holiday.

Vacation- this is a continuous rest for several working days in a row while maintaining the place of work and average earnings. But there are additional social leave without pay.

Annual holidays are labor, i.e. earned. They are of two types: basic and additional.

Annual basic paid leave is granted to employees for a duration of 28 calendar days. The right to use leave for the first year of work arises for the employee after 6 months of his continuous work in this organization.

Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:

- women - before maternity leave or
immediately after it;

- employees under the age of 18;

— employees who have adopted a child (children) under the age of three
months;

- in other cases stipulated by federal laws.

Extended basic leave is granted to certain categories of employees: employees under the age of 18 - 31 calendar days at a time convenient for them; teachers, teachers, research workers of research institutes and some children's institutions - up to 48 working days; civil servants - at least 30 calendar days, prosecutors and judges - at least 30 calendar days, and in areas with severe climatic conditions - 45 calendar days, Deputies State Duma- 48 business days.

Additional annual leave provided: for unfavorable working conditions; employees of the regions of the Far North and equivalent areas; employees employed in certain industries for continuous length of service at one enterprise, organization; employees with irregular working hours and in other cases provided for by law.

All previously listed additional holidays provided with the preservation of average earnings.

Salary- a system of relations related to ensuring the establishment and implementation by the employer of payments to employees for their work in accordance with laws and other regulatory legal acts.

Wage- this is remuneration for work, depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation and incentive payments.

Minimum wage (minimum wage - minimum wage) - the amount of monthly wages guaranteed by federal law for the work of an unskilled worker who has fully worked out the norm of working time when performing simple jobs under normal working conditions.

Payroll should be based on the following: principles . enshrined in legislation:

1) wage discrimination based on gender, nationality and other non-business criteria is prohibited;

2) equal wages are paid for work of equal value.

3) the remuneration of the employee's labor is made according to his labor contribution, its quantity and quality and is not limited to the maximum size;

4) the state establishes and guarantees the minimum wage, which systematically increases with rising prices (wage indexation);

5) remuneration of labor is differentiated depending on its severity, conditions, complexity (according to qualifications), nature of labor, its significance and area of work; such differentiation is promoted by the tariff system with its allowances and surcharges;

6) wage rates, wage funds, wage systems
are established by the enterprises themselves, organizations under collective agreements, agreements, and in public sector- state (government);

When remuneration of workers can be applied tariff rates, salaries, as well as a tariff-free system.

Remuneration of managers, specialists and employees, as a rule, is made according to official salaries established by the administration in accordance with the position and qualifications of the employee.

Depending on the wage system is set way to pay an employee .

The wage system can be time and piecework.

With a time-based system, the labor meter is the time worked by the employee.

Under the piecework system, remuneration is calculated according to the number of products produced by the employee of good quality.

Most workers are paid on a piece-rate basis, while employees are paid on a time basis.

In addition to the basic salary systems for calculating the material interest of workers in the performance production tasks and contractual obligations, to improve the efficiency of production and the quality of work, bonus systems, including bonuses, remuneration based on the results of work for the year and other forms of material incentives, can be introduced.

Holidays are paid no later than three days before the start of the holiday.

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed.

WORKING TIME

Working time
Duration and mode of working hours
* Irregular working hours
* Overtime work
* Work at night
* Shift work
* Part-time work
* Working hours of women and persons with family responsibilities
* Work on a rotational basis
* Flexible working hours
* Time relax
* Work on weekends and holidays
* Time sheet
* Day off or absenteeism? Design subtleties

Working hours

In the process of work, one should distinguish between time for work and time for rest. 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, relate to working time (Article 91 of the Labor Code of the Russian Federation ). In the process of work, the mode of operation is an essential condition of the employment contract and is subject to mandatory agreement between the employee and the employer. The elements of the working time regime are established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, and for employees whose working hours differ from general rules installed at this employer, - employment contract. Regulatory legal acts may include certain periods when the employee did not fulfill his labor duties as working hours. For example, working hours are counted :

Read also: Breaks while working at the computer labor code

Special breaks for heating workers in the cold season in the open air or in closed unheated premises, as well as breaks for rest for workers engaged in loading and unloading operations (part 2 of article 109 of the Labor Code of the Russian Federation); breaks for rest and meals in cases where, due to the conditions of production, the employee cannot leave the workplace; breaks for feeding a child under 1.5 years of age provided to working women (Article 258 of the Labor Code of the Russian Federation); downtime (temporary suspension of work due to economic, technological, technical or organizational reasons).

Working hours should include

(Article 100 of the Labor Code of the Russian Federation):

Duration of the working week (five-day with two days off, six days with one day off, working week with days off on a staggered schedule); work with irregular working hours certain categories workers; duration of daily work (shift); start and end time of work; time of breaks in work; number of shifts per day; alternation of working and non-working days, which are established by a collective agreement or the internal labor regulations of the organization in accordance with the Labor Code of the Russian Federation, other federal laws, a collective agreement, agreements.

Mode features working time and rest time for workers of transport, communications and others who have a special nature of work are determined in the manner established by the Government of the Russian Federation. Contemporary labor law of the Russian Federation installs several possible modes working time. The choice of which specific regime, taking into account production and social factors, will be established at a particular enterprise and in relation to a particular employee, belongs to employer and employee. Regarding the employee can act. irregular working hours; flexible working hours; shift work mode; the mode of summarized accounting of working hours; division of the working day into parts Types of operating modes taking into account production and social factors of the Labor Code of the Russian Federation allows the employer :

Establish, by agreement with the employee, a flexible working time regime (Article 102 of the Labor Code of the Russian Federation), when the start and end time of work is determined by agreement of the parties with the employee working the total number of working hours during the day, month or other accounting period; use the work mode in two, three, four shifts (Article 103 of the Labor Code of the Russian Federation); divide the working day into parts if the intensity of labor during the day is not the same (Article 105 of the Labor Code of the Russian Federation).

When using the split working day mode, the employer must establish this condition in the local regulation and in the employment contract with the employee. If the condition for dividing the working day into parts when hiring an employee has not been established, the introduction of such a regime is a significant change in working conditions for reasons related to changes in organizational or technological conditions labor (Article 74 of the Labor Code of the Russian Federation). The obligation of the employer is to comply with the norms of the duration of working hours established by labor legislation in any mode of working hours. Exceeding the norm of working hours is unacceptable.

Time relax

An equally important duty of the employer is the obligation to provide the employee with time for proper rest. Time relax- the time during which the employee is free from the performance of labor duties and which he can use at his own discretion (Article 106 of the Labor Code of the Russian Federation). The types of rest time are (Article 107 of the Labor Code of the Russian Federation):

Breaks during the working day (shift); daily (between shifts) rest; days off (weekly uninterrupted rest); non-working holidays; annual paid vacation.

During the working day (shift), the employee must be given a break for rest and meals lasting no more than 2 hours and at least 30 minutes, which is not included in working hours (Article 108 of the Labor Code of the Russian Federation). The time of the break and its specific duration are established by the internal labor regulations of the organization or by agreement between the employee and the employer. At jobs where, due to the conditions of production (work), it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat during working hours. The list of such works, as well as places for rest and eating, are established by the internal labor regulations of the organization. On the certain types work provides for the provision of employees during working hours with special breaks due to technology and organization of production and labor (Article 109 of the Labor Code of the Russian Federation). The types of these works, the duration and procedure for granting such breaks are established by the internal labor regulations of the organization. Employees working in the cold season outdoors or in closed unheated premises, as well as loaders engaged in loading and unloading operations, and other employees, if necessary, are provided with special breaks for heating and rest, which are included in working hours. The employer is obliged provide equipment for heating and recreation of workers. The duration of working time should not include the time of preparation for work, the time after the end of work, breaks for rest and meals. Organization of working time, the order of alternation of work and rest time within a day, week, month, year determined local acts employer(internal regulations, shift schedules, etc.), which are adopted by the employer, taking into account the opinion of the body representing the interests of employees (Art. 190, 372 of the Labor Code of the Russian Federation). However, in Everyday life often one has to deal with violations of the right to rest of workers working under an employment contract. The most common violations of the rules labor law. regulating working time and rest time are: the absence in organizations of internal labor regulations, shift schedules, vacation schedules; failure to provide employees with annual paid holidays for more than two years in a row and additional paid holidays for employees employed in jobs with harmful and (or) dangerous working conditions; replacement of unused vacation by the employee with monetary compensation; non-payment monetary compensation per unused vacation upon dismissal in violation of the requirements of the Labor Code of the Russian Federation; involvement in overtime work, work at night, weekends and non-working holidays without the written consent and medical recommendations of women with children under the age of three, and workers with disabled children or disabled from childhood until they reach the age of 18; failure to provide annual paid leave before the maternity leave or immediately after it, or at the end of the parental leave, at the request of women, regardless of the length of service in the organization.

Working hours and rest time
Labor protection in the Labor Code of the Russian Federation

Since the health and performance of workers largely depend on the correct ratio of work time and rest time, the Labor Code defines the basic concepts in this area.

Working time - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with the norms of labor law, relate to working time (Article 91 of the Labor Code of the Russian Federation).

Normal working hours may not exceed 40 hours per week.

Reduced working hours are established (Article 92 of the Labor Code of the Russian Federation):

- for employees under the age of 16 - no more than 24 hours a week;

- for employees aged 16 to 18 - no more than 35 hours per week;

- for employees who are disabled people of group I or II - no more than 35 hours per week;

- for workers employed in jobs with harmful and (or) dangerous working conditions - no more than 36 hours per week in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

The duration of daily work (shift) is established by Art. 94 of the Labor Code of the Russian Federation. It cannot exceed:

- for employees aged 15 to 16 years - 5 hours, aged 16 to 18 years - 7 hours;

- for the disabled - in accordance with a medical certificate issued in accordance with the procedure established by labor law.

For workers employed in jobs with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum allowable duration of daily work (shift) cannot exceed:

Read also: Actions of the employee during the reduction

- with a 36-hour work week - 8 hours;

- with a 30-hour working week or less - 6 hours. The collective agreement may provide for an increase

the duration of daily work (shift) subject to the maximum weekly working hours and hygienic standards of working conditions established by labor law.

Night time is defined by art. 96 of the Labor Code of the Russian Federation as the time from 22 to 6 hours. The duration of work (shift) at night is reduced by one hour without subsequent working off. The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement.

To work at night are not allowed: pregnant women; employees under the age of 18.

Overtime work (Article 99 of the Labor Code of the Russian Federation) is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of summarized accounting of working hours, in excess of the normal number of working hours for the accounting period.

Engagement by the employer of an employee to work overtime is allowed with his written consent and only in the established Art.

99 of the Labor Code of the Russian Federation cases.

Involvement in overtime work without the consent of the employee is allowed in the following cases:

- in the performance of work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

- in the production of social necessary work to eliminate unforeseen circumstances that violate the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications;

- in the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, i.e. in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that endanger the life or normal living conditions of the entire population or part of it.

It is not allowed to involve pregnant women, employees under the age of 18 in overtime work. Involvement in overtime work of disabled people, women with children under the age of three years, is allowed only with their written consent and provided that this is not prohibited to them for health reasons in accordance with a medical report. At the same time, employees of these categories must be familiarized with their right to refuse overtime.

The duration of overtime work must not exceed for each employee 4 hours for two consecutive days and 120 hours per year.

The working time regime (Article 100 of the Labor Code of the Russian Federation) should provide for the duration of the working week (five-day with two days off, six days with one day off, a working week with days off on a staggered schedule), work with an irregular working day for certain categories of workers, duration daily work (shift), start and end time of work, breaks in work, number of shifts per day, alternation of working and non-working days, which are established by the internal labor regulations in accordance with labor law, collective agreement, agreements, and for employees, the working hours of which differ from the general rules established by the employer - an employment contract.

Features of the regime of working time and rest time for transport workers, communications workers and others who have a special nature of work are determined in the manner established by the Government of the Russian Federation.

Irregular working hours - a special mode of work, in accordance with which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them (Article 101 of the Labor Code of the Russian Federation). The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local normative act adopted taking into account the opinion of the representative body of workers.

Flexible working hours - a mode of operation in accordance with which the beginning, end or total duration of the working day (shift) is determined by agreement of the parties (Article 102 of the Labor Code of the Russian Federation).

The employer ensures that the employee works out the total number of working hours during the relevant accounting periods (day, week, month, etc.).

Shift work - work in two, three or four shifts - is introduced in cases where the duration production process exceeds the permissible duration of daily work, as well as for more efficient use of equipment, increase in the volume of products or services provided (Article 103 of the Labor Code of the Russian Federation).

During shift work, each group of workers must work during the established working hours in accordance with the shift schedule drawn up in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation. Shift schedules, as a rule, are attached to the collective agreement and are brought to the attention of employees no later than one month before they are put into effect.

Working two shifts in a row is prohibited.

Rest time - the time during which the employee is free from the performance of labor duties and which he can use at his own discretion (Article 106 of the Labor Code of the Russian Federation).

Art. 107 of the Labor Code of the Russian Federation defines the types of rest time. They are:

- breaks during the working day (shift);

— daily (between shifts) rest;

- weekends (weekly uninterrupted rest);

- non-working holidays;

During the working day (shift), the employee must be given a break for rest and meals (Article 108 of the Labor Code of the Russian Federation) lasting no more than 2 hours and no less than 30 minutes, which is not included in working hours. The time of the break and its duration are established by the internal labor regulations or by agreement between the employee and the employer.

At work where, due to the conditions of production, it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat during working hours. The list of such works, as well as places for rest and eating, are established by the internal labor regulations.

For certain types of work, employees are provided with special breaks during working hours due to technology and organization of production and labor (Article 109 of the Labor Code of the Russian Federation). The types of these works, the duration and procedure for granting such breaks are established by the internal labor regulations.

Those working in the cold season in the open air or in closed unheated premises, as well as loaders engaged in loading and unloading operations, and other employees, if necessary, are provided with special breaks for heating and rest, which are included in working hours. The employer is obliged to provide the equipment of rooms for heating and rest of employees.

All employees are provided with days off (Art. 110.111 of the Labor Code of the Russian Federation) - weekly uninterrupted rest. The duration of a weekly uninterrupted rest cannot be less than 42 hours.

Non-working holidays in the Russian Federation in accordance with Art. 112 of the Labor Code of the Russian Federation are:

Work on weekends and non-working holidays is prohibited, with the exception of cases provided for in Art. 113 of the Labor Code of the Russian Federation.

Involvement of employees to work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work.

Engaging employees to work on weekends and non-working holidays without their consent is allowed in the same cases in which it is allowed to involve them in overtime work by the employer.

On non-working holidays, work is allowed, the suspension of which is impossible due to production and technical conditions (continuously operating organizations), work caused by the need to serve the population, as well as urgent repair and loading and unloading work.

Employees are granted annual leave (Articles 114, 115 of the Labor Code of the Russian Federation) with the preservation of their place of work (position) and average earnings for 28 calendar days.

Annual additional paid vacations (Article 116 of the Labor Code of the Russian Federation) are provided to employees employed in work with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equated to localities, as well as in other cases provided for by the Labor Code and other federal laws. The list of industries, jobs, professions, positions in which work gives the right to additional vacations is approved by the Decree of the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of July 2, 1990 No. 647.