Working hours in case. §2. Types of operating mode. Let's define the term “working time”

"Human Resources Department of a Commercial Organization", 2010, N 9

Labor Code - on working irregular hours

What is an irregular working day, how does it differ from overtime work, which employees can have an irregular working day, how to formalize it correctly and what compensation is due for work in excess of the established norm under this work schedule, we will discuss in this article.

A little about working hours

First, let's expand on the concept of working time. Let's turn to Art. 91 Labor Code of the Russian Federation. It says that working time is the time during which an employee must perform labor duties in accordance with the internal labor regulations and the terms of the employment contract, as well as other periods of time that, in accordance with the Labor Code of the Russian Federation and other federal laws and other regulations legal acts of the Russian Federation relate to working time.

Thus, the periods included in working hours include:

Special breaks for heating and rest, which are provided to employees working in the cold season in the open air or in closed unheated rooms, as well as to loaders engaged in loading and unloading operations, and other employees in necessary cases (Article 109 of the Labor Code of the Russian Federation);

Downtime due to the fault of the employer (Article 157 of the Labor Code of the Russian Federation);

Time spent on a business trip (Article 167 of the Labor Code of the Russian Federation);

Breastfeeding breaks provided to working women with children under the age of one and a half years, at least every three hours, lasting at least 30 minutes each. If a working woman has two or more children under the age of one and a half years, the duration of the break for feeding is set at least one hour (Article 258 of the Labor Code of the Russian Federation).

Most enterprises and organizations have introduced a certain working time regime, that is, the length of the working week has been established (five-day with two days off, six-day with one day off, work week with days off on a sliding schedule, part-time work week), work with irregular working hours for certain categories of workers, the duration of daily work (shift), including part-time work (shift), start and end times of work, time of breaks in work, number of shifts per day, alternation of working and non-working days.

The working hours are established by internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law standards, collective agreements, agreements (Article 100 of the Labor Code of the Russian Federation).

Irregular working hours

If the working hours introduced at the enterprise are the same for all employees, it does not need to be specified in the employment contract. However, if for some employees the enterprise has established a working time regime that differs from the general rules, this condition is mandatory for inclusion in the employment contract (Article 57 of the Labor Code of the Russian Federation).

Such exceptions include irregular working hours.

According to Art. 101 of the Labor Code of the Russian Federation, an irregular working day is a special work regime, according to 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.

The established working hours are:

Normal working hours not exceeding 40 hours per week (Part 2 of Article 91 of the Labor Code of the Russian Federation);

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

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

An employee can be engaged to work beyond the established duration both before the start of working hours and after it ends.

It is important to understand that involvement in work on irregular working hours should occur sporadically (an episode is a separate, random incident) and as necessary. The Labor Code does not directly indicate the maximum number of episodes, as well as cases in which such a need may arise. Obviously, each enterprise must independently determine such cases, taking into account the specifics of its activities.

Differences between irregular working hours and overtime work

The concepts of irregular working hours and overtime are often confused and replaced. However, this is not at all the same thing.

Despite the fact that in the definition of these two concepts there is a common phrase “work performed on the initiative (order) of the employer outside the working hours established for the employee” (Articles 99, 101 of the Labor Code of the Russian Federation), there are several fundamental differences between irregular workers during the day and overtime work, which are shown in the table.

Parameter	Irregular worker day	Overtime
Notice about this work regime in labor agreement and documents collective character taking into account the opinion trade union	Required	Not required
Periodicity recruitment in excess of that established for employee duration working hours	Episodically, from time to time once	You can regularly, but not more than 4 hours during two days in a row and 120 hours per year
Edition of special orders	Required (can limit yourself to oral), with indicating any reasons	Writing is required, but only with indication reasons provided Labor Code of the Russian Federation
Obtaining consent employee	Not required because there was already agreement received upon signing employment contract	Required (for except in cases provided for in Part 3 Art. 99 Labor Code of the Russian Federation)
	Individual workers list of positions which are installed collective agreement, agreement or local regulatory act adopted with taking into account the opinion of the elected organ	Employees of any positions and specialties, except listed in part 5 Art. 99 Labor Code of the Russian Federation
Overpayment for work normal duration	On weekdays - no produced	Produced as follows way: for the first two hours of work not less than in one and a half sizes, for subsequent hours - no less than double size (Article 152 of the Labor Code of the Russian Federation)
Providing additional days recreation	Provided annual additional paid holiday, duration which is determined collective agreement or rules internal labor routine and which is not maybe less than three calendar days (Article 119 of the Labor Code of the Russian Federation)	Additional days to no vacation are provided. Payment at the request of the employee can be replaced by Extra time rest, but no less spent overtime (Article 152 of the Labor Code RF)
Mark on the accounting sheet working hours	8 hours a day without processing instructions	Letter provided code "C" or digital "04", under which quantity is indicated hours and minutes, overtime worked

Who can set an irregular working day?

The list of positions of workers who can be assigned an irregular working day was determined by the Decree of the People's Commissariat of the USSR dated February 13, 1928 N 106 “On workers with irregular working hours.” This list, with minor modifications, is still used today when determining the categories of workers for whom the specified work schedule is allowed. Thus, Decree of the Government of the Russian Federation dated December 11, 2002 N 884 approved the Rules for providing annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget (hereinafter referred to as the Rules), clause 2 of which contains the following list of positions for employees with irregular working hours during the day:

Managerial, technical and business personnel and other persons whose work during the working day cannot be accurately accounted for;

Persons who distribute working time at their own discretion;

Persons whose working time, due to the nature of the work, is divided into parts of indefinite duration.

In other words, the main criterion for including a particular position in the list is the employee’s labor function - his job responsibilities, the performance of which cannot be standardized, that is, establishing reasonable standards for the amount of working time spent on performing this or that work.

Despite the fact that the Rules were approved for budgetary institutions, commercial organizations may well use the above list and at the same time have the right to expand it by including other positions in the list of workers with irregular working hours. As a rule, irregular working hours are established for senior and middle managers (general director, his deputies, heads of departments, chief engineer, etc.), their assistants, personal assistants, assistants; accountants, lawyers, some categories of drivers.

The list of positions of employees with irregular working hours must be compiled and approved by a collective agreement, agreement or internal labor regulations in each organization that applies this special working time regime, taking into account the opinion of the representative body of employees.

How to apply for a job

During an irregular day

The approved list of positions is not enough. When concluding an employment contract in accordance with Art. 57 of the Labor Code of the Russian Federation, the condition on irregular working hours must be included in it, since the regime of work and rest during irregular working hours differs from the general rules established in the organization.

For example, the following wording is included in an employment contract:

“The employee is assigned a 40-hour work week with two days off (Saturday, Sunday).

Start time is 9.00.

Closing time is 18.00.

During the working day, the employee is given a break for rest and food lasting 1 hour from 13.00 to 14.00.

In accordance with clause 15 of the Internal Labor Regulations, the position held by the employee is included in the list of positions for employees with irregular working hours (Appendix 2 to the Internal Labor Regulations).

By order of the employer, if necessary, the employee may be occasionally involved in the performance of his labor functions outside the normal working hours.

The procedure for attracting an employee to work in conditions of irregular working hours is carried out by the employer in the manner established by the internal labor regulations."

Then in the future there will be no need to obtain the employee’s consent. If such a condition is not provided for in the employment contract, then in order to establish an irregular working day for the employee, the contract will need to be amended accordingly, since the introduction of a new work schedule is a change in the essential working conditions. Moreover, the employee must be notified by the employer in writing about the introduction of these changes no later than two months before their introduction (Part 2 of Article 74 of the Labor Code of the Russian Federation).

Thus, in order to attract an employee to work on irregular working hours, the following conditions must be simultaneously met:

The position for which the employee is hired must be included in the list of positions for employees with irregular working hours, approved by local regulations of the enterprise;

The employment contract must stipulate the provision of an irregular working day for the employee; otherwise, the employee has the right to refuse to work outside the normal working hours, even if he is hired for a position included in the list of positions for employees with irregular working hours. And to attract an employee, it will be necessary to be guided by the provisions of the Labor Code of the Russian Federation on overtime work;

In conditions of irregular working hours, the employee must not perform additional work, but his labor functions.

If the need arises, the employer must order (written or verbal) the involvement of the employee in performing work beyond the established duration.

Despite the fact that mandatory recording of overtime during irregular working hours is not legally established, monitoring actual time worked will allow the employer to prevent violations of labor legislation in the form of systematically involving an employee in performing labor functions outside the established working hours. For the purposes of recording overtime, a work time sheet of the established form should not be used, since this work is not paid. You can, for example, keep a separate accounting journal.

The irregular working hours regime does not mean that workers are not subject to the rules determining the start and end times of work, the procedure for recording working hours, etc. These workers are generally exempt from work on weekly rest days and holidays. Consequently, involvement in work on holidays and weekends cannot be considered irregular work and should be carried out only by written order of the employer and with the written consent of the employee, and paid at least double the amount (Articles 113, 153 of the Labor Code of the Russian Federation).

Compensation for irregular working hours

Precisely because the work of workers with irregular working hours cannot be brought to any standards, measured, determined tariffs and rates, that is, assessed in monetary terms, the legislation provides only additional annual leave as compensation.

Overtime during irregular working hours is not recognized as overtime work, for which certain guarantees must be observed (for example, limiting overtime hours, additional pay). For work on irregular working hours, compensation is provided only in the form of additional leave, the duration of which is determined by a collective agreement or internal labor regulations and cannot be less than three calendar days (Article 119 of the Labor Code of the Russian Federation, Letter of Rostrud dated 06/07/2008 N 1316-6 -1 "About working in irregular working hours").

The Labor Code of the Russian Federation establishes only a minimum number of days of additional leave. In practice, enterprises can set a larger number of days, and for different positions it may vary depending on the volume of work, the degree of labor intensity, the employee’s ability to perform his job functions outside of normal working hours and other conditions (clause 3 of the Rules).

The number of days of additional leave and the procedure for providing them must be fixed in the internal labor regulations, and also included in employment contracts.

The right to additional leave for an irregular working day arises for an employee from the moment of concluding an employment contract containing a condition on an irregular working day. At the same time, the provision of additional leave and its duration, established by a collective agreement or internal labor regulations, is in no way affected by the actual amount of overtime. In other words, regardless of how many hours were overworked or whether there were overtimes at all, the employee must be provided with additional leave in the prescribed amount.

In accordance with Art. 120 of the Labor Code of the Russian Federation, when calculating the total duration of annual paid leave, additional paid leaves are summed up with the annual main paid leave. At the request of the employee, part of each annual paid leave exceeding 28 calendar days, or any number of days from this part, can be replaced by monetary compensation (Article 126 of the Labor Code of the Russian Federation). In addition, upon dismissal, the employee is paid monetary compensation for all unused vacations, including additional ones (Article 127 of the Labor Code of the Russian Federation).

V. V. Askarova

Journal expert

"Human Resources Department

Commercial organization"

Signed for seal

Any employee who is a party to an employment relationship sooner or later encounters the concept of working time.

It is necessary to know the rights guaranteed to the employee by the Labor Code so as not to be deceived by the employer in this matter.

Employers have to deal with working time, keeping track of it for employees.

The legal documentation providing the interpretation of working time is the Labor Code of the Russian Federation.

The concept under consideration contains a complex of legal, economic, statistical and sociological aspects.

For example, from an economic point of view, working time acts as time intervals during which work occurs. Breaks are not included in this concept.

However, the article will discuss a legal concept.
According to the Labor Code of the Russian Federation, “work time” is closely related to “rest time.”

These are concepts belonging to the same socio-legal category.

What it is?

Working time is the time interval during which an employee needs to perform work duties, guided by the requirements of the internal order of the company.

The concept also includes other periods of time.

Working periods are established according to internal regulations. The management of the enterprise is obliged to monitor compliance with work periods by all employees.

If for some reason the company does not have a provision on periods for performing work duties, the employee has the right to determine the time intervals himself.

This must be done taking into account the performance of work during working hours in the interests of the employer.

During the labor process, labor time records must be kept.

This need lies with the employer. The accounting must contain both the periods during which the employee directly performs his duties, and the breaks included in the work process.

The employer may include certain periods in working hours if local legal acts, or an order from a court or state inspectorate, force this to happen.

Both parties to the labor relationship have the right to influence the boundaries of working time, namely, to establish the beginning of the working day, the end and the lunch break according to the Labor Code of the Russian Federation.

The term includes periods of main, preparatory and final activities.

Primary time is the time spent directly performing work duties.

What may be included in the preparatory activities:

familiarization with the documentation;
cleaning the workplace;
preparing the place for work;
delivery of manufactured products.

These actions must be provided for in the technology for constructing the workflow.

Not included in preparatory activities:

time spent walking from the checkpoint to the place of work;
washing or changing clothes before starting work;
lunch break.
Legal regulation

Regulation from the legal side is based on standardizing the duration of the labor process and determining the number of hours that need to be worked for a specific period.

Functions of standardization of working time:

warranty, i.e., the establishment by legislators of a maximum duration of time for work of no more than 40 hours in a seven-day week;
protective, i.e., restoration of the employee’s ability to work;
production, i.e., the desire for high labor productivity.

Necessity of application

The need to regulate work time is to ensure labor freedoms for certain categories of employees.

All types refer to normal working hours.

Normal

Normal duration is the norm established by law, necessary for compliance by both parties to the labor relationship.

The duration of such a 5-day work day is no more than 40 hours.

The consequence of such normal working hours for an employee of an enterprise is payment to him in an amount not lower than the minimum wage.

A legally significant circumstance that determines the normal length of work time is the number of working hours actually worked by the employee.

Abbreviated

Reduced work time in accordance with labor legislation is a duration of work that is shorter than normal, however, paid in full.

Reducing working hours for groups of workers in accordance with Art. 92 Labor Code of the Russian Federation.

Here's an example:

Vasily is in 9th grade at school. He is currently 15 years old. In October, he decides to work on weekdays after school.

Let's calculate the required duration of his working time:

As a person under 16 years of age, Vasily cannot work more than 24 hours a week.

Since the work takes place during the training period, the working time standard is divided in half. Total: 24/2 = 12 hours a week Vasily can work.

In real conditions, employers sometimes assign minors a working day of 10 or 8 hours.

However, this is incorrect, since the standard of reduced time per week is also subject to Art. 94 of the Labor Code of the Russian Federation (establishing the standard duration of stay at work daily).

It follows from this that a minor cannot be forced to work “2 through 2”. Establishing a shortened working day is the responsibility of the employer.

Shortened working hours can also be established for those categories of workers that are not listed in the table.

The costs of redundancy in this case must be borne by the employer.

The legal consequence of such a working day for the employee is that he retains all his privileges and benefits, as well as receiving a salary not lower than the minimum wage.

The employee's rights are not infringed. Thus, according to the conditions for the employee, this type does not differ from the normal duration.

Incomplete

The interpretation of the term applies to both part-time work and part-time work week.

Like reduced work time, part-time work is established with a duration of less than forty hours per seven-day week. However, it is established by agreement between the two parties to the labor relationship.

This agreement may also be in writing.

The employer cannot establish partial time without the consent of the other party.

Disagreements between the parties may be punishable by the employer by paying the employee for idle hours that arose through no fault of his own.

An exception to the rule is a reduction in working hours at the initiative of the employer, with the employee notifying the employee about this in writing no later than 2 months in advance.

In a situation where an employee refuses to continue working under changed conditions, the employment contract may be.

The reason is explained - reduction of staff or reserve of workers, with payment of compensations and guarantees to them.

Part-time working hours should be established for the following categories of persons:

pregnant women;

persons who care for patients on the basis of a medical certificate issued in accordance with Russian legislation;

having a disabled minor child or a teenager under 14 years of age.

If the above persons provide written statements, the employer is obliged to establish a part-time day for them.

Part-time work involves fewer hours in the organization. For example, not eight, but four. Another option is to reduce the number of days spent in the company, for example, from 5 to 3.

At the same time, the length of the day remains unchanged.

Such conditions do not reduce the number of vacation days, but labor is paid in proportion to the time the employee works.

Therefore, for such persons the salary is lower than on a shortened day. Payments also become less.

Study methods

The time spent by employees on work is studied through observations.

This is done for the following purposes:

find out the structure of employee periods of stay at the workplace in order to more fully reveal their potential;

labor efficiency assessments;

determining the most optimal daily routine;

determining the rational sequence of performing labor operations in the workplace;

calculating the norm of stay at the workplace;

establishing the reasons why standards are not met or exceeded.

Methods are divided into 2 groups:

Direct observation.

Instant observation.

1 type includes:

self-photographing;

photographic timing.

Instant observations are based on the application of mathematical statistics and probability theory.

They consist of simultaneous observation of a large number of objects, periodically, at a certain interval, recording their state.

In order to study the cost of working time in this way, you need to establish its duration, observation route and interval.

Based on the data received, the employer compiles statistics for himself.

Establishment procedure

The working time regime is a set of measures that can be established at the centralized and local level and are aimed at the use of labor and ensuring competent management of the organization.

How can it be installed:

In an organization, working hours (working hours) are coordinated based on internal labor regulations. They must be attached to.

Since a collective agreement can be concluded within the company itself, if it is absent, working hours are regulated using internal regulations.

If the organization employs people whose health or other reasons do not allow them to work every day, then the employer can establish different ones for them.

The internal regulations indicate the length of the working week. The employer himself determines which of the employees can work part-time or reduced.

The work schedule is also justified by the employer.

The positions of employees working irregular hours are fixed in the collective agreement, internal regulations and agreements.

The working time regime can also be regulated by agreements.

The legislation relates to working time:

length of the working week;

time of going to work and leaving work;

length of the working day;

duration of breaks in work;

number of shifts per day;

shift schedule;

alternating non-working and working days.

Most common work schedules:

8 hours with a 5-day work week with fixed departure and arrival times;

2 after 2, when an employee works for 2 days and then rests for 2 days;

sliding, when the time of departure depends on the time the employee arrives at work.

Order

One of the documents for establishing a certain working time schedule is an order.

The order states:

length of the working week;

the possibility of establishing irregular working hours;

start and end of work;

duration of shifts, shifts at the enterprise.

The order provides for the possibility of approving norms relating to the issue of working time set out in local acts of the enterprise. In addition, based on the order, .

An example excerpt from a working time order:

Due to production needs I order:

Set the following operating mode:

The working day begins at 8:00 from Monday to Friday, and ends at 16:30. Set a lunch break from 12:30 to 13:00.

The working day begins at 10:00 from Saturday to Sunday, and ends at 16:00. There is no break.

An order for part-time work is drawn up in a similar way.

Inner order rules

The rules are presented by a normative act that determines, based on the Labor Code and other laws, the dismissal of employees, the rights and obligations of labor relations, the working regime, rest periods, incentives for employees and penalties for failure to fulfill powers.

In accordance with the internal regulations, the employer resolves issues arising as a result of labor relations.

As for working time specifically, it is indicated in the rules as follows (section of work and rest time):

The length of the work week and weekends are recorded;

time of going to and leaving work;

breaks;

reduction of working hours for a number of workers;

possibility of establishing partial time;

the maximum duration of labor is fixed;

presence of fact of work time recording;

leave provisions.

As a result, all information on the employee’s time at work is recorded in.

Based on this statement, the employer draws conclusions about the efficiency of the enterprise, and the employee knows that his rights will not be violated.
Working hours in the Internal Labor Regulations
Collective agreement

It is a legal act and is aimed at regulating social and labor relations in the company. This agreement includes mutual obligations of both parties.

This document also contains a clause on work and rest time.

It states the following provisions:

The length of the work week is indicated (40 hours).

Rest days are recorded.

Pay for leaving work on weekends is prescribed.

Payment and additional days of rest for certain categories of workers are fixed.

A reduction in the work week before holidays or non-working days is prescribed.

Additional holidays are recorded.

The order of vacations is prescribed.

The right to use vacation/additional leave by employees is prescribed.

Types of working time vary in duration; working time is standardized depending on working conditions and the various characteristics of the employee.

Concept

Work time- this is the period during which the worker is obliged to fulfill his duties stipulated by the employment contract, as well as act in accordance with work regulations and other regulatory documents of the Russian Federation.

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Working hours are recorded directly by the employer. The boundaries of working time and some of its other features (for example, the time and duration of the lunch break, other regime issues) are agreed upon by the parties in accordance with the legal acts of the state.

In addition to the periods indicated above, working time includes time periods recognized as idle periods; breaks provided separately to women mothers of children under the age of one and a half years, time allotted for meals, as well as time periods allotted for preparatory and final activities.

Working hours

Depending on longitude, there are several basic types of working weeks. The duration of a (normal) working week is exactly 40 hours (this is a standard five-day working week, each working day of which is 8 hours long). A five-hour work week includes five working days and two days off.

If it is impossible to establish a five-hour working week at an enterprise, the legislation of the Russian Federation provides for the possibility of introducing a six-day working week. However, the length of the working day cannot exceed six hours.

Working hours, depending on the circumstances agreed upon at the time of drawing up the employment contract, may vary. Let's look at its varieties in more detail.

Types of working time

Normal

Standard working hours equal to 409 hours per week, is provided for all employees of the enterprise working on a permanent basis, as well as those whose stay is temporary. The number of days off during a normal working week may vary - depending on the working conditions, a person is given one or two days off on pre-agreed days or on a staggered schedule.

In some cases stipulated by labor legislation, an employee has the right to count on being provided with reduced or part-time working time.

Abbreviated

Shortened working hours provide for activities for a shorter period per day and work week in cases where working conditions or the physical resources of the employee’s body do not allow him to work a full day. For each of these cases, the length of the working day is considered separately and depends on a number of significant factors.

To date, reduced working hours have been adopted for the following groups of people.

For whom it is installed:

For persons under 16 years of age, the working day should not last more than 24 hours a week (the same rule is also true for persons 14-15 years old who work during the holiday period).
Persons from 16 to 18 years old are provided with a 35-hour working week. It is worth noting that if work is combined with study, the length of time allotted to work is reduced to 12 hours (for persons under 16 years old) or 17.5 hours (for persons from 16 to 18 years old).
If an employee has the first or second group of disability due to health reasons, the duration of his working day is no more than 35 hours per week.
For those whose work activities are carried out in conditions that are potentially harmful or hazardous to health (threat level 3 or 4), work is provided for 36 hours a week.
For persons faced with the need to work with chemical weapons, a separate working week is stipulated, equal to 24 or 36 hours (depending on the severity of working conditions).
For education workers, the length of the day should not exceed 36 hours.
A 39-hour work week is established for employees of medical institutions.
Also, a 36-hour work week is provided for women working in the Far North.

Incomplete

Part-time work can be established according to an agreement between the employee and the boss, both at the time the former is hired and subsequently.

According to current legislation, the right to part-time work can be exercised by:

Pregnant women.
Employees with minor children under 14 years of age, or a disabled minor child.
Employees who are required to provide necessary care to a relative (the latter’s health status must be confirmed by an appropriate medical document).

When a part-time working day (or, alternatively, a working week) is established for an employee, cash payments are made in accordance with the time worked, or output. Separately, it is worth noting that the presence of part-time work should not affect the duration of vacation, accrual of seniority, etc.

In order for an employee’s right to part-time work to enter into legal force, it must be formalized and certified in writing. The decision to introduce it must be made by both parties to the employment contract; The employer does not have the right to introduce or terminate it independently. If an employee does not agree to the introduction of a part-time working day or week, he may demand compensation for unworked time, the amount of which will depend on the number of hours of downtime.

In addition to cases in which part-time working hours can be introduced by mutual consent of the employee and the employer, current legislation provides for cases in which the use of a shortened working day or week is also permissible. These include working in conditions that may result in staff reductions and mass layoffs.

However, even in this case, all employees must be warned about the innovation at least two months before its start. The introduction of reduced working hours in order to preserve jobs is permissible for up to six months.

If part-time work is established, the employee will have to work less than eight hours a day; if the enterprise introduces a part-time working week, he receives one or more additional days off. Just as in other cases, the forced introduction of reduced working hours does not affect the accrual of length of service or vacations for employees.

Duration of work on the eve of non-working holidays and weekends

In most cases, the length of the working day on the eve of a holiday is reduced by exactly an hour. The exception is when a holiday falls on a Sunday and the last working day falls on a Friday. If a reduction in working hours cannot be carried out for one reason or another, the employee has the right to receive compensation at overtime rates or to be provided with additional time for rest.

A reduction in working hours on pre-holiday days also applies to cases where an employee has a part-time or shortened working day.

Night work

If an employee’s shift occurs at night, the employer must reduce it by one hour without the need to work off. According to the law, today night time is considered to be the time period from 22:00 to 6:00. Hours worked during this period must be paid at an increased rate.

However, in cases where a reduced length of time is introduced for an employee, a reduction in the night shift is not provided. A similar rule also applies to employees for whom there are no other working hours.

The length of the working day at night can also be compared with the duration of the working day during the day; it is also allowed for shift work and in case of production necessity.

However, it is worth noting that night work is not permitted for all groups of people. In particular, the following are not allowed:

Pregnant women.
Persons with disabilities.
A person under 18 years of age (with the exception of cases when a minor is involved in working on a work of art).

In some cases, the following may be involved in night work:

Women raising three or more children.
Employees raising children under five years of age on their own, without the help of a spouse.
Guardians of children under five years of age.
Employees caring for a sick family member (moreover, the latter’s health status must be officially confirmed by a medical certificate).

However, in these cases, consent to work at night must be in writing. The employee has the right to be notified of the specifics of the work and can terminate the contract if the need arises.

Features of the work schedule at night in cases when it comes to concerts, theater organizations, and the media are negotiated separately in accordance with regulatory agreements, commissions for regulating business relations, as well as collective agreements.

Working outside the established working hours

Overtime work is labor activity outside the working day established by law. The introduction of overtime work is permissible only in exceptional cases at the initiative of the employer or when introduced for an employee.

Work beyond the nominal duration does not include work.

The necessary conditions

The use of overtime work beyond the norm is permissible only with the permission of the elected trade union body. Overtime work cannot exceed 4 hours in 2 days or 120 hours in a year (for one employee).

The concept of “time” in the world of work is characterized by specific quantities and numbers, in contrast to the general philosophical concept. It is strictly regulated by law. The main legislative act is the Labor Code of the Russian Federation (LC RF).

A number of changes were made to it, which entered into legal force on June 29, 2017. In particular, the conditions for carrying out labor duties when establishing a part-time schedule and 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 hours are the total period of performance of individual labor duties, determined by the contract and the internal regulations (internal regulations), and other periods not related to actual work. Other periods legally include:

forced downtime associated with technical, economic and other reasons;
time for eating without leaving the workplace, if separate breaks are not provided for these purposes;
special purpose warming breaks;
time to feed the baby.

The manager must agree on the length of the designated periods with the trade union body. Certain employees (for example, certain categories of drivers) are entitled to breaks for gymnastics.

For your information

The working period usually includes the preparation of the site for work and final activities. Not included here: the time period for getting home, changing clothes.

Classification of types of working time according to Labor Code

There are different types of time spent on work: normal (40 weekly working hours), reduced, incomplete, irregular.

A working day is:

normal duration - usually 8 hours (standard);
incomplete volume;
shortened duration;
with a duration not included in the standard (overtime, irregular work).

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There are also other versions of the working day developed in the collective agreement of the enterprise.

Standard working hours

Lunch rules

Breaks to ensure rest and food are defined in Article 108 of the Labor Code. Their duration is from 30 to 10 minutes. These periods are not included in working hours and are not paid accordingly.

IMPORTANT

Amendments have been made to the new edition of the document under consideration, according to which, if the shift duration is 4 hours or less, the employer has the right not to provide such a break. This is regulated by the PVR.

If the production situation does not allow citizens to be provided with a lunch break during working hours, the employer must take care of the possibility of eating within the paid time period of work. This includes all breaks shorter than 30 minutes.

Features of medical examination during working hours according to Labor Code

Payment for processing

Overtime and performance of labor duties during weekend periods (days) are paid at a double rate (Article 153 of the Labor Code of the Russian Federation) or more to the following persons:

employees hired on a piece-rate basis - at a double rate;
at daily rates - double daily salaries (or more);
for hourly rates - double hourly rates according to the tariff (or more);
for holders of an official salary - no less than the proportional part of the established salary for an overworked hour (day) in excess of the amount of the salary.

When calculating payment in the indicated cases, only fixed payment amounts are taken into account without taking into account incentive payments, compensation and social charges. An alternative day of rest (or several) may be provided upon request. In this case, the amount of payment (single) is due only for the day worked (initially a 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 when totaling labor time, seasonal work, during the probationary period, and in other cases. The nuances may have legal, professional specifics and be reflected in the employment contracts of specific enterprises.

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An individual manager, based on a legally defined 40-hour week, has the right to calculate the optimal options for daily work time. At the same time, we must not forget about the norms of the law, without exceeding the duration for certain categories of workers.

Working time is the most important parameter of the labor process. Section IV of the Labor Code of the Russian Federation gives basic definitions and specifies terms associated with the concepts of the labor regime.

Working hours and provides for various options. Working time is considered to be the time when the employee directly works, performs exactly those actions that are assigned to him by the employment contract and job responsibilities. This time does not include any breaks. In most cases, the duration of working hours is set directly by the employer and complies with the law, amounting to no more than forty hours per week. These forty working hours are distributed differently throughout the week, depending on the so-called working hours. This regime is established by an employment agreement or contract.

The main mode adopted for use is normal working hours. With it, forty hours a week are divided into five working days of eight working hours. Other options for distributing work hours are also possible. For example, during shift work, working time is distributed so that the result is no more than the permissible weekly norm.

The law allows for both increased working hours and reduced work hours, and flexible work.

Shortened work hours occur for special categories of workers. These are minors, disabled people, people working in harmful or dangerous conditions.

Work in a flexible mode or in a flexible working hours mode - in this case, the start of work, its end or the total duration of the shift can be changed with the mutual consent of the employee and the employer. At the same time, the employee must still work the established number of hours of work per week.

Working hours can not only be reduced, but also increased.

Irregular working hours

An irregular working day, according to the Labor Code, is one of the working hours and is a form of work in which workers, if necessary, can be involved in work beyond normal working hours. Such involvement can only be of an episodic nature and such involvement in work is not paid beyond the norm, but, most often, is compensated by additional leave.

If an employment contract establishes an irregular working day for an employee, this does not mean that the employee can be hired to work permanently. Article 101 of the Labor Code speaks only of occasional recruitment to work, that is, such recruitment in no case should be permanent or even of a clear periodic nature.

For employees with irregular working hours, there are also internal rules of the organization, which determine the specific time for starting and finishing work; this period of time is the normal duration of work for all employees of the organization without exception.

Other work performed beyond normal limits

There are other ways to get workers to work beyond the eight hours required by law.

One of them is working at night. If there is a production need, such work can be performed. However, the total duration of work should not exceed forty hours per week. This can be achieved by providing additional rest time equal to the duration of work. If this condition is met, no extra hours will be generated.

It should be borne in mind that night work should be reduced by one hour.

Overtime work is the common name for work beyond normal working hours, which is performed at the will of the organization or entrepreneur, that is, the employer.

All cases in which it is possible to assign such work to an employee are clearly indicated in the law. The employer cannot change or supplement the list on his own. But, if there is a written consent of the employee to perform overtime work, it is possible to be involved in it with subsequent payment in a larger amount.

Sources:

Labor Code of the Russian Federation

The law in Russia protects all spheres of people’s lives, therefore, in order not to be deceived, it is enough to simply familiarize yourself with modern legislation. Including labor.

Terms of the employment contract

How many people have to get a new job every day? Before hiring a person, an employment contract, provided for by Russian legislation, is always concluded between the employee and the employer. It is in such an agreement that all the requirements presented to the employee, payment for his work, standard working hours, conditions provided by the company for work and some other nuances are prescribed.

Working hours according to law

Working time is a certain time period during which all employees fulfill the terms of the employment contract and their job responsibilities. The total working time of each employee should not exceed forty hours per week - this implies approximately an eight-hour working day. An exception may be shift work, where the schedule can be 12 hours or 24 hours.

Work for a private person can last a week after a week from 8 to 22 hours.

The procedure for calculating working time norms

Standard working hours are calculated for certain calendar periods, depending on the established working hours per week. The norm is determined by the executive body, in turn, it carries out the functions of legal regulation in the field of labor, therefore all employers must keep records of the time worked by each employee and pay the appropriate money.

At any time, executive authorities may require a special report from organizations.

How much is the working time for different categories of workers?

For ordinary workers, working hours should last no more than 40 hours, but besides them there are other categories that are not able to work at full capacity for various reasons. For example, shortened working hours are established for teachers. It should not be more than 36 hours weekly; for disabled people of groups 1 and 2 – 35 hours per week.

As for workers who are under 16 years of age, the standard for them is 24 hours a week, for persons from 16 to 18 years old - no more than 35 hours, just like for people with disabilities. For workers whose workplaces are classified as hazardous industries of hazard levels 3 and 4 based on the results of the inspection, the standard working time should not exceed 36 hours. If an employee is required to go to work on his or her days off or remains on shift after working hours in order to fulfill an order from a supervisor, these hours of work must be paid as overtime.

Modern labor legislation establishes several categories of workers for whom reduced working hours are established by law or employment contract. These categories include: minors, women and persons with family responsibilities.

Among minor workers, there are persons under 16 years of age and persons from 16 to 18 years of age. The first group of workers can work no more than 24 hours a week and no more than 5 hours in a row. The second group - no more than 35 hours a week and 7 hours in a row.

If minors are involved in work within the framework of educational programs (industrial practice), the following working time standards for them should be taken into account: no more than 12 hours per week for those under 16 years of age, and no more than 17.5 hours per week for persons under aged 16 to 18 years.

At the same time, the production standards for minors are set lower, and the remuneration of such workers is made in proportion to their working time, that is, compared to other employees, minors will receive a smaller amount of remuneration. However, the employer may (but is not obligated) to make additional payments to their wages.

The working time of a minor employee is established by such documents as an employment contract, work schedule, internal labor regulations, and is taken into account in the time sheet, pay slips, attendance registers, etc.

Another category of workers for whom a special work regime is established are women working in rural areas, regions of the Far North, etc. For them, as a general rule, a 36-hour work week is established. However, a collective agreement, local regulations or employment contracts may establish an even shorter working week.

In this case, wages are paid to female workers in full, and everything they do in excess of the established reduced working hours is considered overtime work and is paid as follows: for the first two hours of work - at one and a half times the rate, for subsequent hours - at double the rate. Local acts and collective agreements may establish an even higher rate of overtime pay.

Instead of monetary compensation, the employee can ask the employer for additional rest time equal to the overtime worked (time off).

The Labor Code of the Russian Federation identifies pregnant women, as well as persons with family responsibilities, as a separate category of workers in need of special protection. The latter include a parent (guardian, custodian) of a child under 14 years of age or a disabled child under 18 years of age, as well as a person caring for a sick family member, and the need for such care must be confirmed by medical reports.

The length of work time for these employees is established by agreement with the employer, and labor is paid either according to the volume of work performed or in proportion to the time worked.

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