II. Working time. What is working time according to the Labor Code - duration and modes Working days are called

29.05.2020

years cannot exceed certain values for certain categories of workers. Consider how the duration of the work of employees is regulated, how the duration of the working day is fixed in the organization, what length of the working day is considered the norm, and which is the exception.

Working hours according to the Labor Code in 2016-2017

Labor Code of the Russian Federation in Art. 91 defines what is working time. This is the time when the worker must perform his job functions in accordance with the rules of the internal work schedule(hereinafter - PVTR), as well as the terms of the contract with the employer. This article does not fix the normal (common for all workers) length of the working day.

In Art. 94 of the Labor Code of the Russian Federation defines the maximum length of the working day for certain categories of workers. The maximum duration of work per day for ordinary workers who do not fall under these categories is not regulated by law. This feature labor legislation was noted by the Ministry of Labor back in 2007 (letter of the Ministry of Labor "Multi-shift work" dated 01.03.2007 No. 474-6-0).

The Labor Code of the Russian Federation fixed only the maximum duration of labor (weekly). Weekly work for any employees cannot be longer than 40 hours, and the uninterrupted weekly rest time must be at least 42 hours (Articles 94, 110 of the Labor Code of the Russian Federation).

IMPORTANT! Despite the fact that the maximum duration of daily work is not established by federal legislation, on July 29, 2005, the Chief State Sanitary Doctor of the Russian Federation approved the Guidelines for the Hygienic Assessment of Working Environment Factors ... No. Р.2.2.2006-05. According to the note to clause 3 of the Guidelines, if an employee works more than 8 hours a day, this must be agreed with Rospotrebnadzor.

Normal shift time

The Labor Code of the Russian Federation and the maximum time are not discussed daily work with shifting schedule. Thus, there are cases when the length of the shift can be a whole day. This is not a violation - in any case, the weekly number of hours cannot exceed 40.

The establishment of 2 shifts per week for 24 hours is illegal, since in this case the weekly working time will be 48 hours. If the weekly working time exceeds 40 hours, it is necessary to negotiate with the employee whether he wants to work overtime. The optimal setting for one shift is 24 hours, and the second shift is 16 hours.

Based on the foregoing, the legislator has not established the normal length of a shift for general categories of workers, however, when fixing it, it is necessary to proceed from the maximum working time per week.

How the number of daily working hours is distributed depending on the number of working days in a week

In normal mode, the working week is usually five or six days. It is also possible to include fewer days in the working week - depending on the characteristics of a particular organization and the mode of work (Article 100 of the Labor Code of the Russian Federation). The five-day work schedule is considered a classic.

With a five-day work week, workers work 8 hours a day. Many personnel officers consider this mode of operation to be the most rational, since it has been proven that in this case maximum labor productivity is achieved. In addition, employees working under this scheme always have 2 days off, which most often fall on Saturday and Sunday, which has a beneficial effect on the efficiency of the organization.

A different distribution of working days in a week is also possible, for example, during shift work. In this case, days off often do not fall on Saturday and Sunday, are not tied to these days.

With a part-time work week, a worker can work even 1 day a week - it all depends on the number of his weekly working hours. For example, if there are only 5 of them per week, there is no point in stretching these hours for 5 working days, although this is not prohibited by law.

The employer himself decides how it is expedient to distribute the working hours allocated to the employee within the framework of the week. The main rule is that the total number of weekly hours of work should not exceed 40, and the weekly uninterrupted rest should not be less than 42 hours.

For some categories of workers, the maximum length of the working day is legally established. Consider which categories of workers this applies to and what is the maximum daily working time.

Working hours for minors

As mentioned above, the law does not establish a general maximum amount hours per day for all categories of workers. At the same time, Art. 94 of the Labor Code of the Russian Federation establishes categories of workers who cannot work anymore a certain amount hours a day. The same rules apply to the maximum duration of a shift in a shift schedule.

Minors are less protected than adults. Their body and psyche have not yet been fully formed, which was the reason for the legislator to fix for minors in Art. 94 of the Labor Code of the Russian Federation, reduced daily labor time (as well as reduced labor time per week, established in article 92 of the Labor Code of the Russian Federation).

Don't know your rights?

Employees aged between 15 and 16 cannot work more than 5 hours per day (per shift). For those who have reached the age of 16, but have not reached the age of 18, the law prescribes the maximum duration of work, which is 7 hours a day (per shift).

For minors who work and study at the same time in schools or educational institutions of a different type, a shorter working day is fixed. For students aged 14-16 it is only 2.5 hours, and for students aged 16-16 it is 4 hours.

Working hours for people with disabilities

Disabled Art. 94 of the Labor Code of the Russian Federation prohibits working in excess of the daily norm, but does not establish the norm itself. This is due to the fact that each disease is individual, some disabled people can work without restrictions, and some do not have the opportunity to work at all.

Each disabled person, before employment or after receiving a disability, must contact a polyclinic that issues a medical certificate in accordance with the requirements of the order of the Ministry of Health and Social Development of Russia dated 02.05.2012 No. 441n, which approved the Procedure for issuing medical certificates and conclusions (Procedure). The conclusion contains an assessment of the health status of a particular disabled person based on the survey. According to paragraph 13 of the Procedure, the conclusion should contain conclusions about the presence of contraindications for the implementation labor activity, studies, compliance of the state of health with the work performed.

Thus, the doctor can limit the maximum daily work time of a particular disabled person or even prohibit work. The restriction or prohibition of the work of disabled people cannot be regarded as a restriction of the constitutional right of a person to work, since in this case such measures are aimed at protecting the individual.

The length of the working day of workers in hazardous and dangerous jobs

For workers in hazardous or hazardous work, Art. 94 of the Labor Code of the Russian Federation limits the maximum daily (shift) working time. The extent to which working conditions are harmful or dangerous is determined by a special commission formed by the employer (the law "On special evaluation working conditions” dated December 28, 2013 No. 426-FZ, art. 9).

According to Part 1 of Art. 92 of the Labor Code of the Russian Federation, the norm of working hours per week for those working in hazardous and hazardous work- 36. At the same time, the weekly norm of working hours can be set by the head and in a smaller volume, in particular, 30 hours per week.

For those who work 36 hours a week, the maximum daily workload cannot exceed 8 hours. For those who work 30 hours a week, the daily load should be no more than 6 hours. At the same time, it is possible to conclude an agreement with employees on increasing the time of daytime (shift) work up to 12 and 8 hours, respectively.

Other categories of workers for whom the law determines the number of daily working hours

The law determines the daily norm of hours not only for the already listed categories of workers, but also for some others. The fixing of a specific norm in this case is not associated with the characteristics of the workers themselves, for example, their age, but is correlated with the specifics of a particular job or employment in several jobs.

Working hours are defined for:

persons working part-time - no more than 4 hours a day; if on a particular day a part-time employee does not work at the main job, you can work full-time at an additional job (Article 284 of the Labor Code of the Russian Federation);
workers on water vessels (seafarers) - 8 hours a day with a five-day week (clause 6 of the regulation on the features of the regime ... workers of a floating train ... ”, approved by order of the Ministry of Transport dated May 16, 2003 No. 133);
women working on ships in the regions of the Far North - 7.2 hours a day (paragraph 6 of the provision indicated above);
minors from 17 to 18 years old working on ships - 7.2 hours a day (clause 6 of the provision referred to above);
drivers with a 5-day work week - 8 hours a day, with a 6-day work week - 7 hours (clause 7 of the regulation on the peculiarities of working hours and rest time for car drivers, approved by order of the Ministry of Transport on 20.08.2004 No. 15).

part-time work

The possibility of establishing part-time work is established in Art. 93 of the Labor Code of the Russian Federation. The manager can fix both a part-time work week and part-time work. No one forbids combining a part-time work week with part-time work, for example, a 3-day week of 5 working hours.

Part-time work is the result of an agreement between the employee and the manager. By general rule the employer has the right to refuse to satisfy the employee's application for a part-time transfer. However, Part 1 of Art. 93 of the Labor Code of the Russian Federation provides for cases when the boss does not have the right to refuse an employee to work a limited number of hours a day or days a week.

The above applies to the following categories of workers:

pregnant women (part 1 of article 93 of the Labor Code of the Russian Federation);
parents (guardians or trustees) of a minor child or a disabled minor (part 1 of article 93 of the Labor Code of the Russian Federation);
workers caring for a sick family member (if there is evidence - a medical report) (part 1 of article 93 of the Labor Code of the Russian Federation);
employees who are on parental leave (Article 256 of the Labor Code of the Russian Federation).

IMPORTANT! With part-time work, only those hours and days that were worked are paid, that is, wages are reduced (compared to the usual 40-hour work week). Leave and seniority are calculated in the same way as in the general case.

Working hours before weekends and holidays

Before weekends and holidays (non-working), working hours should be reduced by 1 hour. This is an imperative requirement of Art. 95 of the Labor Code of the Russian Federation. Meanwhile, the article also provides an exception to the rule.

So, if it is impossible to establish a shortened day in the organization on the eve of weekends or holidays, since the activity is continuous, it is allowed to transfer this rest time to another time or monetary compensation to employees (the rules for paying overtime work apply).

If the organization has a six-day working day, the working time on the holiday or the day before the day off cannot be more than 5 hours. There are no similar rules regarding the five-day working day.

An indicative list of shortened days is established by Section 1 of the Rostrud Recommendations on Compliance with Labor Legislation No. 1 of June 2, 2014.

How to fix the length of the working day for all employees of the organization or a specific employee?

The procedure for fixing the length of daytime working time in an organization depends on whether it is established for one worker or for the entire team. The mode of operation common to all is fixed in the PVTR.

IMPORTANT! If all workers work in the same mode, then the number of working days and days off, working hours per day can be fixed exclusively in the PWTR, without duplicating information in labor contracts, since there is no practical sense in this. In this case, the contracts can make a typical reference to the PWTR, which determine the mode of operation.

A different situation arises when for some workers a different duration of daily working hours is established than for all others. In this case, you should specify this information in an employment contract with a specific employee (part 1 of article 57 of the Labor Code of the Russian Federation).

When an employee is involved in part-time work, the procedure for hiring practically does not differ from the general one. There are two differences. Firstly, in the employment contract, the mode of operation of this employee is signed, and secondly, in the order for employment, a note is made that the employee has been hired part-time.

In order to change the working hours of a particular employee, an appropriate additional agreement is concluded to the employment contract, which indicates the new mode of work.

So, the total (normal) daily duration of work of workers has not been established. At the same time, based on the 40-hour norm of the working week and the number of working days, each manager has the opportunity to calculate optimal amount daily working hours for workers in the organization. At the same time, one should not forget that for some categories of workers it is impossible to set a working day more than a certain number of hours.

AT labor relations one of the central issues is the question of working time.

In the conventions of the International Labor Organization (ILO), the worker denotes the time during which the employee is at the disposal of the employer. The Labor Code of the Russian Federation is not so categorical and defines working time as the time during which an employee, in accordance with the internal labor regulations and the terms of an employment contract, must perform labor duties (part 1 of article 91 of the Labor Code of the Russian Federation).

According to Art. 37 of the Constitution of the Russian Federation, limiting the maximum duration of working hours is a guarantee of the right to rest. Therefore, part 2 of Art. 91 of the Labor Code of the Russian Federation establishes that the limit of normal working hours is 40 hours per week.

The easiest and most convenient way to monitor an employee and keep track of working time is when the employee is in the office, from Monday to Friday, from 09:00 to 18:00 with a lunch break from 13:00 to 14:00. But the activities of the organization often require the use of other modes of working time.

In this article, we will consider what tools for regulating and recording working time are offered by the Labor Code of the Russian Federation.

Note!
Since June 29, 2017, some norms of the Labor Code of the Russian Federation regarding working hours and wages are in force in a new edition.

WORKER WORKING OUT OF THE OFFICE

As a general rule, during the working day, the employee must be on the territory of the employer and perform his labor functions. But if the employer has a goal, for example, to save on costs (rental of premises, utilities), he can use other forms of work organization that do not require the presence of an employee.

Widespread itinerant character work when an employee performs a labor function, moving from place to place (for example, from client to client) (Article 168.1 of the Labor Code of the Russian Federation). This is how service engineers and sales managers can work, for example.

Often found home work(Chapter 49 of the Labor Code of the Russian Federation), when an employee makes some products directly at home, for example, knits or sews.

Not so long ago, the concept of remote work(Chapter 49.1 of the Labor Code of the Russian Federation). This type of work is used in cases where the employee can perform duties outside the territory of the employer, and the interaction between them is organized via the Internet. These can be, for example, programmers, lawyers, translators, writers, designers, etc.

All these types of labor organization are united by the fact that the employer does not see the employee, but he does not lose the obligation to record the working time of employees (Article 91 of the Labor Code of the Russian Federation). In this regard, questions arise with the filling of time sheets.

As practice shows, organizations can relate to the accounting of working time in this situation in different ways.

Option 1. The employer allows employees to use working time at their own discretion, controlling only the results of work.

Option 2. The employer requires employees to be in touch during a certain time or contact at certain hours (for example, by phone or Skype), submit written reports on the use of working hours, periodically appear in the office for a report, etc. In this case personnel service fills in the time sheet based on the information received from the employee and his manager.

Option 3. The employer controls all working hours of the employee. To do this, he uses not only the methods mentioned in option 2, but also installs special tracking tools:

Connects to corporate Cell phones operator service that allows you to track the movement of workers;

Uses miniature satellite beacons that allow you to determine the exact location of official vehicles at any time.

EMPLOYEE WORK LESS THAN 8 HOURS A DAY

Part-time employment is becoming more and more popular. Employers are not willing to pay for a full-time job if the function can be completed in a few hours. In this case, you can use such a tool as part-time work (Article 93 of the Labor Code of the Russian Federation).

Mandatory part-time work is established for part-time workers by virtue of Art. 284 of the Labor Code of the Russian Federation. But even at the main place, an employee can work part-time, that is, on a part-time basis. The main thing is that both parties to the employment contract agree to this.

However, in some cases, a request for part-time work by an employee is binding on the employer. Conversely, sometimes the employer can establish part-time work of his own free will (and thereby save the payroll).

Thus, partial time is set:

1) by agreement of the parties (for example, for part-time workers) (part 1 of article 93 of the Labor Code of the Russian Federation);

2) regardless of the consent of the employer (part 2 of article 93 of the Labor Code of the Russian Federation) at the request of:

pregnant woman;

One of the parents of a child under the age of 14 (a disabled child under the age of 18);

A person caring for a sick family member in accordance with a medical report;

3) at the initiative of the employer - in the case specified in Part 5 of Art. 74 of the Labor Code of the Russian Federation (to avoid mass layoffs of workers).

Part-time work must be distinguished from reduced working hours, which is set by the employer based on the requirements

legislation.

According to Art. 92 of the Labor Code of the Russian Federation, a shortened working day is established for the following categories of workers:

Underage workers (Article 271 of the Labor Code of the Russian Federation);

Disabled people;

Workers with harmful and (or) dangerous working conditions (Article 94 of the Labor Code of the Russian Federation);

Women working in the regions of the Far North and equivalent areas (Article 320 of the Labor Code of the Russian Federation);

Employees of certain professions (for example, doctors - article 350 of the Labor Code of the Russian Federation, teachers - article 333 of the Labor Code of the Russian Federation).

The key difference between reduced working hours and part-time is that, as a general rule, with reduced working hours, employees are paid a full salary. In case of part-time work, the salary is calculated in proportion to the hours worked. The exception is minors, who are given a reduced working day, but payment is calculated in proportion to the time worked (Article 271 of the Labor Code of the Russian Federation).

Working hours limitation

The Labor Code of the Russian Federation, as a general rule, does not establish limit value length of the working day. The following cases are exceptions (Article 94 of the Labor Code of the Russian Federation):

Underage workers - depending on age;

Disabled persons - in accordance with the medical report;

Employees with harmful and (or) dangerous working conditions;

Workers working on a rotational basis.

Thus, if workers do not belong to these categories, their working day may be more than 8 or even 12 hours.

Working hours for part-time employment

Order of the Ministry of Health and Social Development of Russia dated August 13, 2009 No. 588n established the Procedure for calculating the norm of working hours for certain calendar periods of time (month, quarter, year) depending on the established working hours per week, including for part-time and reduced working hours:

EMPLOYEES NEED TO LATE AT WORK

Another common situation: it is required that the employee is sometimes late at work, for example, on the days of submitting important reports.

The Labor Code of the Russian Federation provides for two options for working outside working hours: overtime and irregular working hours (Articles 97, 99, 101 of the Labor Code of the Russian Federation).

These two options have similarities. So, in both cases, an employee can be involved in work:

Outside business hours;

episodically;

By order of the employer.

But there are more differences:

1) overtime work is compensated by increased pay or the provision of rest time, and irregular working hours - by additional leave of at least three days (Article 119 of the Labor Code of the Russian Federation);

2) involvement in work within the irregular working hours does not require special accounting. Overtime work must be reflected in the time sheet;

3) in relation to overtime work, the Labor Code of the Russian Federation establishes limits - 4 hours for two consecutive days and 120 hours per year (Article 99 of the Labor Code of the Russian Federation). If an employee is involved in work in excess of the limit (even with appropriate payment), the inspection authorities recognize this as a violation. There is no such restriction for irregular working hours. Since no documents are issued on involvement in irregular working hours, employees, as a rule, cannot prove that they were unreasonably attracted to work;

4) to attract to overtime work there is no need to change local regulations, and in order to establish an irregular working day, it is necessary to make changes to the internal labor regulations - to establish a list of positions and the number of vacation days (Article 101 of the Labor Code of the Russian Federation);

5) unlike overtime work, an irregular working day must be fixed in the employment contract (as well as the duration of additional leave for working in this mode).

Note also that some employees may refuse to work overtime, so the employer must notify them of this possibility. Such employees include (Articles 99, 259, 264 of the Labor Code of the Russian Federation):

Disabled people;

Women with children under the age of three;

Mothers and fathers raising children under the age of 5 years without a spouse;

Employees with disabled children;

Employees caring for sick family members in accordance with a medical report.

At the same time, it is completely forbidden to involve some employees in overtime work, for example (Articles 99, 203 of the Labor Code of the Russian Federation):

pregnant women;

Persons under the age of 18;

Employees during the period of the student agreement;

Disabled people, if they are prohibited by an individual rehabilitation program, etc.

THE ORGANIZATION WORKS 24/7 OR MOST OF THE DAY

To organize the work of employees around the clock or for 12-16 hours, labor legislation offers the following tools:

Shift work;

Employer-set working days with rolling days off.

Consider the differences between these ways of organizing work.

According to Art. 103 of the Labor Code of the Russian Federation, shift work is needed in order to ensure non-stop manufacturing process. That is, it is assumed that one group of workers replaces another during the working day of the organization. If the working day of employees begins at the same time as the opening of the organization and ends with the closing, these are not shifts, but working days.

In both cases, the duration of a shift or an employee's working day can be either 8 hours or less or more.

If the duration of a shift or working day exceeds 8 hours, then this is a reason to apply the summarized accounting of working hours in order to ensure compliance with working time standards during the accounting period.

Also in both cases it is necessary to draw up schedules - either work or shifts. At the same time, it is necessary to comply with the requirements of the law regarding inter-shift and weekly rest, procedures for changing the schedule and familiarizing yourself with it, etc.

Since the rules for compiling work schedule not specifically regulated by law (Article 103 of the Labor Code of the Russian Federation speaks exclusively of interchangeable work), then in the event of a dispute, the court may apply the norms on the shift schedule.

shift work

Work according to the schedule and the summarized accounting of working hours are also used when shift method organization of work (Articles 300, 301 of the Labor Code of the Russian Federation). But there is one feature. As a rule, the duration of the working day with a rotational method of work is more than 8 hours (most often 11-12 hours), so overtime occurs daily.

Overtime hours within the schedule that are not multiples of a whole working day are accumulated and summed up to whole working days with subsequent provision of additional days of rest between shifts. The number of rest days can be calculated by dividing the number of overtime hours by 8.

Each such day of rest is paid in the amount of a daily tariff rate, daily rate (part of the salary for the day of work).

THE EMPLOYEE DECIDES WHEN TO WORK

Employers are increasingly looking for methods to motivate employees, while trying to save on costs. Therefore, it is becoming more and more common non-material motivation, including by adjusting the start and end time of work.

As a rule, the beginning and end of the working day are indicated in the internal labor regulations, and the employee is required to comply with the norms of this local act (Articles 8, 91 of the Labor Code of the Russian Federation).

But, wanting to motivate employees to work effectively, employers often, at the request of employees, set them individual opening hours e.g. from 09:30 to 18:30. This may be convenient for the employee (for example, to have time to take the child to Kindergarten), but at no cost to the employer.

Please note that in this case, the hours of work must be specified in the employee's employment contract (Article 57 of the Labor Code of the Russian Federation).

Even more of an employee can be motivated to establish flexible schedule. In the Labor Code of the Russian Federation, this mode of working time is not described in great detail.

According to Art. 102 of the Labor Code of the Russian Federation when working in flexible working hours, the beginning, end or total duration of the working day (shift) is determined by agreement of the parties. The employer must ensure that the employee works out the total number of working hours during the relevant accounting periods (working day, week, month, and others).

If it is not possible to comply with the daily or weekly working time norm, a longer accounting period should be established (Article 104 of the Labor Code of the Russian Federation).

Sometimes employers fix several working hours for employees in the internal labor regulations, for example, from 08:00 to 17:00; from 09:00 to 18:00; from 10:00 to 19:00. The employee is offered to choose the option that suits him, which is fixed in the employment contract with him. Of course, this can also motivate the employee, but providing such a choice of a flexible schedule cannot be called, because there is no variable time.

For example, ILO Convention No. 30 “On the regulation of working hours in trade and institutions” (1930), No. 172 “On working conditions in hotels, restaurants and similar establishments” (1991).

Clause 4.2 of the Basic Provisions on the rotational method of organizing work (approved by the Decree of the USSR State Committee for Labor, the Secretariat of the All-Union Central Council of Trade Unions, the USSR Ministry of Health dated December 31, 1987 No. 794 / 33-82; as amended on January 17, 1990).

Working hours by Labor Code represents a specific time period. During the specified period, each of the workers must fulfill the prescribed to him, according to job description, orders. For a more detailed explanation of this term, see Art. 91 of the Labor Code of the Russian Federation.

Please note: according to the letter of the law, the duration of working hours during a calendar week is 40 hours. The allowable rate for a different period of time (month, year) is calculated based on the weekly equivalent.

It is the responsibility of management to keep a record of the hours actually worked by each employee.

Additional clarifications

The working time is considered to be the time that the employee actually worked in a day. This also includes periods of forced downtime and breaks paid by the company during the working day. This time period may exceed the accepted norm or, conversely, be less than it.

The Labor Code of the Russian Federation (Section IV, Chapters 15 and 16) clearly regulates the norms of daily and weekly working hours. The Constitution of the country (art. 37, item 5) fixes the right for each of the workers to rest.

Following Art. 91 of the Labor Code of the Russian Federation, both parties to the labor agreement have the right to designate the limits of the working day that are acceptable to them. The adopted schedule (lunch period, start and end of the shift) can also be subject to discussion. The norm indicated by the legislation, equal to 40 hours a week, is considered the main one for the vast majority of workers. In this case, the following facts do not play a big role:

Duration of the working week (5 or 6 days).
Organizational and legal form of the company (IP, LLC, etc.).
Types of work performed.

The law controls compliance with the time frame in the labor process, which means:

Protects every working citizen from overwork and provides him with time for rest.
Allows any enterprise to receive daily the amount of work performed in the required quantity.
It gives the worker the opportunity to grow as a person, to develop culturally and spiritually, to improve their qualifications and skills.

Sometimes in the work of a worker there is a downtime due to circumstances beyond his control. This period of time is also considered working.

Peculiarities

The Labor Code of the Russian Federation (Article 109) testifies to the provision of additional breaks for people working in cold areas or outdoors in winter. They include time not only for eating, but also for heating. Payment for the specified rest time is calculated as for the working period. The decision to grant these breaks is made by the executive branch based on the conditions (wind force, temperature) under which workers will have to work. The duration is set directly by the employer after agreement with the trade union committee.

Some categories of workers, due to the specifics of their activities, require breaks to perform certain physical education. For example, a driver should warm up for about 20 minutes 1-2 hours after the start of his shift. After 2 hours after eating, light gymnastics will also be required. Workers in other fields of activity can agree on the availability of additional warm-up breaks with direct management.

If the company employs employees who have young children (up to 1.5 years old), they are entitled to a reduction in working hours due to the presence of additional breaks for feeding. This is evidenced by Art. 258 of the Labor Code of the Russian Federation. The duration of each break is at least 30 minutes. Feeding frequency - every 2-3 hours. Payment for these breaks is made in the usual way.

Often, the concept of "working time" includes all the manipulations associated with the labor activity of the employee. These include:

Preparing/restoring order at the place of work.
Receiving assignments from management.
Preparing tools, setting up equipment, etc.
View correspondence of the enterprise, technical papers.
Delivery of the completed task, reporting, produced materials, etc.

Meanwhile, time spent on:

The way to work.
Changing into a change of clothes/company uniform.
Washing and other water procedures performed before / after work.
Lunch break.

If an organization is characterized by stable production without interruptions, it necessarily provides for rules regarding the acceptance and transfer of shifts by employees at the end of the working day. The duration of this process directly depends on the complexity of the equipment and the specifics of the enterprise.

Please note: these norms, according to Art. 58 and 59 of the Labor Code of the Russian Federation are applicable to all employees, regardless of the type of contract concluded (fixed-term, open-ended).

Time tracking

It is prescribed to the employer to conduct it separately for each employee taken. The corresponding time sheet is used as the main document. It should mark not only day shifts, but also evening / night shifts (if any are provided by the enterprise). The actual time of work on holidays and weekends, as well as overtime work, downtime, etc., are subject to fixation.

With the approval of both parties to the employment agreement, a reduction in the working week is possible. This measure is used as a one-time for some time or without specific dates. In relation to some categories of workers, it is mandatory. These include:

Pregnant women.
One of the parents (custodian, guardian) who has a child under 14 years of age.
Parents of a disabled child under the age of 18.
Persons caring for unhealthy relatives (there must be an appropriate medical certificate).

For the listed persons, the shortened working week relies on the time period necessary according to the circumstances. accrual wages according to such a schedule is carried out based on the actual production by hours or volume.

It is important to understand that the above circumstances are not grounds for reducing the duration of the leave, adjusting the length of service and other changes.

"Time" is a concept constructed on the basis of the perception of processes, events in the extent, duration in the world, i.e., the understanding of time is formed as a result of a person's sensation of a sequence of events both in the external material world and in the internal - psychological. Various scientists single out physical, biological, psychological, social time; linear, cyclic, spiral, etc. In the humanities, natural and social time are often opposed. Nature is described mainly quantitatively, and any understanding of human social life requires a qualitative approach. clock time equated with the natural time of the physical world - daily and seasonal cycles. Physical time is understood as fixed and infinitely divisible units that can be measured. Hourly time is regarded as an adequate way of measuring both in the natural and social sciences. Thus, time is basically always the same. In all cases, this is the same conceptual construction. It can be concluded that the perception of time is closely connected with human life. Time turns out to be a concept that reflects his whole life, including labor activity. In this case, we are talking about working hours, standards that are regulated in various legal acts.

The Constitution of the Russian Federation enshrines one of the basic labor rights - the right to limit working hours by law, on weekends and holidays.

The Labor Code of the Russian Federation defines working hours in Art. 91. the time during which the employee, in accordance with the terms and conditions, must perform labor duties, as well as other periods of time that, in accordance with the law and other regulatory legal acts RF refer to working time.

Other periods of time include the period of downtime, paid breaks during the working day, the time spent on a business trip, the time between shifts of rest during the period of stay on duty, etc.

The legal regulation of working time is mainly aimed at achieving the following three goals:

productive use of working time;
health protection, long-term preservation of working capacity, labor activity of an employee;
increasing the level of professional training of the performer - a participant in joint, hired, contract labor.

Legal regulations for working hours

The legal norm of working time is the norm of working time, which has found its consolidation in labor legislation. The following legal standards of working time are fixed in the Labor Code of the Russian Federation:

work week;
working shift (duration of daily work);
accounting period;
employment limit;
working day.

Work week - the length of working time during a calendar week (40 hours in accordance with part 2 of article 91 of the Labor Code of the Russian Federation) is its most common measure, used in the conditions of both a five-day and a six-day working week.

In terms of its duration, the working week can be either normal, i.e. 40 hours, or shortened or incomplete. The main type of work week is five days. According to the structure determined by the employer, the five-day work week consists of five working days and two days off.

As a rule, a six-day working week is established at enterprises where, due to the nature of production and working conditions, it is not advisable to introduce a five-day working week. So, according to the schedule of the six-day work week, many educational establishments, most hospitals and other social institutions.

According to Art. 95 of the Labor Code of the Russian Federation on the eve of holidays, the duration of work with a six-day working week cannot exceed five hours.

Working shift - this is a business day at . A shift is a period of time after which workers who are employed in the same technological process are replaced. It can be day or night.

Installed labor law Guarantees limiting the duration of daily work (shifts) also include rules regarding the duration of work on the eve of non-working holidays and weekends, at night.

According to Art. 95 of the Labor Code of the Russian Federation, the duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour.

In continuously operating organizations and certain types work where it is impossible to reduce the duration of work (shift) on the holiday day, processing is compensated by providing the employee with additional rest time or, with the consent of the employee, payment according to the norms established for overtime work.

The duration of work (shift) at night is reduced by one hour without subsequent working off. Night time is considered from 22:00 to 06:00. Night work is paid at an increased rate set by the employer.

The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for persons hired to work at night, unless otherwise provided by the collective agreement.

The duration of work at night is equalized with the duration of work in the daytime in cases where it is necessary for working conditions, as well as in shift work with a six-day working week with one day off. The list of such works may be determined by a collective agreement, a local regulatory legal act.

To work at night are not allowed: pregnant women; disabled people; employees under the age of 18, with the exception of persons involved in the creation and (or) performance of works of art; other categories of employees in accordance with the Labor Code of the Russian Federation and other federal laws. Women with children under the age of three, disabled people, employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical certificate issued in accordance with the procedure established federal laws and other regulatory legal acts of the Russian Federation, mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited by them for health reasons in accordance with the medical report. At the same time, these employees must be informed in writing of their right to refuse to work at night.

The procedure for the work at night of creative workers of the media, cinematography organizations, television and video film crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with lists of jobs, professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be established by a collective agreement, a local regulatory legal act, employment contract.

Accounting period allows you to set the number of hours worked by an employee for a calendar period, correlate them with the norm of working time established by law.

In this sense, the accounting period can be spoken of as a form of control over a measure of working time, which makes it possible to identify its actual processing or underperformance of a certain number of working hours by an employee in a specified period of time. Such a period is usually fixed in local regulatory legal acts, shift schedules. The accounting period can be a month, a quarter, another period, but not more than one year.

Employment limit- this is the limit of employment of an employee established in the law for a certain calendar time.

For example, work outside the normal working hours at the initiative of a part-time employee should not exceed four hours a day. On days when the employee is free from work at the main place of work job duties, he can work part-time full time (shift). Within one month (another accounting period), the duration of working hours when working part-time should not exceed half of the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of employees. Consequently, the legislator establishes a limit on the daily, weekly, annual or other employment of an employee.

We can also talk about the presence in the current legislation on the pile of such a legal standard of working time as working day. The legislator in the Labor Code of the Russian Federation mentions "" (part 1 of article 102), about work, "the intensity of which is not the same during the working day", that "the working day can be divided into parts" (article 105, in the title (name) which the legislator also speaks of the working day). At the same time, the legislator simultaneously uses the terms "shift" and "working day", obviously emphasizing thereby their non-identity.

However, in the Labor Code of the Russian Federation there is no direct indication of the length of the working day, as, for example, this is fixed in relation to the working week in Part 2 of Art. 91 of the Labor Code of the Russian Federation. Based on the contents of this section, it can be concluded that Russian Federation applies to a six-day working week seven-hour working day. Part 3 Art. 95 of the Labor Code of the Russian Federation on the eve of holidays with a six-day working week establishes a five-hour working day.

If in the Labor Code of the RSFSR of 1922 the working day was declared the main legal norm of working time, for the reduction of which the working class fought until 1918, then in the Labor Code of the Russian Federation of 2001 the working week becomes the main legal norm of working time.

Legal regulations governing working hours

The Labor Code of the Russian Federation does not provide a legal definition . In accordance with Art. 100 of the Labor Code of the Russian Federation, the working time regime should provide for the duration of the working week (five-day with two days off, six-day with one day off, working week with the provision of days off on a rotating schedule, part-time work), work with an irregular working day for certain categories employees, the duration of daily work (shifts), including part-time work (shifts), the start and end time of work, the time of work breaks, the number of shifts per day, the alternation of working and non-working days, which are established by the internal labor regulations in accordance with labor legislation and other normative legal acts containing norms labor law, a collective agreement, agreements, and for employees whose working hours differ from the general rules established by a given employer - an employment contract. It's a kind of abstraction general rule, within which the employer at the local level develops a regime for the productive use of working time. It is enshrined, for example, in the internal labor regulations of the organization in the section "Working time and its use".

The mode of working time is the subject of research not only in legal science. It is studied by psychologists and labor physiologists. They explore the phenomena that occur or may occur in the human body, in his psyche in the process of labor activity. So, during intense labor activity, prolonged work, workers often experience nervous overload, the so-called psychological production fatigue accumulates.

The working hours established for employees should be distinguished from the working hours of the organization, as they may not coincide. The working time regime of an employee is a way of distributing his working time within astronomical time, including the type of working week (five-day or six-day), the duration of daily work (shift), its start and end time, the order of transition from one shift to another, etc. e. The working time regime is an integral part of the internal labor schedule and must be observed by each employee. It can be the same for all employees of the organization or different for its individual divisions and participants in joint labor subordinate to the employer.

Legal regulation of working time in the organization is carried out by a collective agreement, internal labor regulations.

Among the most common working hours in the practice of enterprises and organizations are:

daily accounting of working time;
summarized accounting of working time;
multi-shift operation;

In accordance with Art. 100 of the Labor Code of the Russian Federation, when organizing the labor process of an organization, the employer has the right to apply a five-day work week with two days off, a six-day work week with one day off, a work week with days off on a rolling schedule, and in accordance with Art. 104 of the Labor Code of the Russian Federation - summarized accounting of working hours.

The legal standards of working time in the Labor Code of the Russian Federation differ as legal standards normal working hours(Article 91) and other legal regulations. The latter include: abbreviated(reduced hours of work, art. 92, etc.) and incomplete legal regulations (part-time work - art. 93). There are several criteria that distinguish between these two types of "reduced" compared to normal working time. First, the method of establishment. Reduced time is regulated by law, primarily in the Labor Code of the Russian Federation. Incomplete legal standards of working time can be established both by agreement of the parties, and at the initiative of the employee (Article 262 of the Civil Code of the Russian Federation). Secondly, the subjective criterion. Reduced time is provided to persons specified in the law, as a rule, socially weakly protected categories of workers ( minors, disabled people of group I or II, employees public sector teachers, doctors, etc.). So, for workers under the age of 16, the normal working time is reduced by 16 hours, and from 16 to 18 years - by 4 hours a week; disabled people of groups I and II - for 5 hours, and also, depending on the working conditions of workers employed in work with harmful and (or) dangerous working conditions (for 4 hours a week), at night - for 1 hour of daily employment in these conditions.

Part-time work may be established by an employment contract (employment contract, additional agreement to him).

The legislator obliges the employer to establish a part-time (shift) or part-time work week, for example, at the request of a pregnant woman, one of the parents (guardian, guardian) who has a child under the age of 14 (a disabled child under the age of 18), and also a person caring for a sick family member in accordance with a medical report issued in the manner determined by federal laws and other regulatory legal acts of the Russian Federation.

The third criterion that makes it possible to distinguish between part-time and reduced working time is wages. When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him. Despite the reduction in the number of working hours per week, reduced working hours usually (Article 271 of the Labor Code of the Russian Federation) do not restrict the right of employees to receive wages in the amount approved for this category of employees. Establishing reduced working hours and paying for it at the expense of the employer improves the position of such an employee compared to those who work with a full 40-hour work week.

The collective agreement may provide for a reduction in the duration of daily work (shift) compared to the normal (40-hour) duration of daily work (shift) for employees employed in jobs with harmful and (or) dangerous working conditions, subject to the maximum weekly working time (part 1 of article 22 of the Labor Code of the Russian Federation) and hygienic standards of working conditions established by law.

Reduced hours of daily work for most people employed in jobs with harmful conditions labor, is established in accordance with the List of industries, workshops, professions, positions with harmful working conditions, work in which gives the right to additional leave and a reduced working day, taking into account the norms of the Instruction on its application.

The List provides for the duration of daily work in a particular profession, position, type of work and production. Employees of the profession or positions that are provided for by industries and workshops in the relevant sections of the List have the right to a reduced working day, regardless of which industry these industries and workshops belong to. The working day for them is reduced if the employee is actually employed in harmful conditions during the entire shortened working day (clause 9 of the Instruction). For employees whose professions and positions are not included in the List, if they perform work in industries, workshops, by profession and in positions with harmful working conditions provided for in the List in certain periods, a shortened working day in these periods should be set for the same duration as permanently employed in this work (clause 20 of the Instruction).

The duration of the daily work (shift) of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, can be established by a collective agreement, a local normative act, an employment contract (part 4 of article 94 of the Labor Code of the Russian Federation).

For a disabled person, the recommended duration of daily work (shift) is indicated in the individual rehabilitation program, which is issued based on the results of a medical and social examination. This rehabilitation program for a disabled person is mandatory for all organizations, regardless of their organizational and legal form.

part-time work differentiated as part-time work and part-time work week. Part-time work, like reduced work time, is set to less than 40 hours per week. Its duration is determined by the agreement of the parties to the employment relationship. It is in writing. As a general rule, an employer does not have the right to unilaterally introduce part-time work. The lack of consent of employees and their authorized representatives to the introduction of part-time work allows them to demand payment for hours not worked through no fault of the employee as downtime.

In accordance with Art. 74 of the Labor Code of the Russian Federation, when organizational or technological working conditions change, which may lead to mass dismissal of workers, the employer may initiate the introduction of a part-time work day or week. At the same time, he must notify each employee of a change in the established working hours in writing no later than two months before the innovation. The employer, in order to preserve jobs, has the right, taking into account the opinion of the elected trade union body organizations to introduce a part-time regime for up to six months (clause 5, article 74 of the Labor Code of the Russian Federation).

The establishment of part-time work implies that the employee will work a smaller number of hours every day, for example, not eight hours, but four hours a day, or the number of working days per week will be reduced from five to four, three days, etc. Work on conditions part-time work does not affect the duration of the vacation, a change in the procedure for calculating the length of service.

Legal regulation of the productive use of working time by an employee is carried out different ways. Along with the state standards of working time in the market conditions of management, their local consolidation is quite widespread.

What is the marginal measure of labor? This is a norm established by the current legislation, applicable to all organizational and legal forms and types of agreements.

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concept

The period that a local act of the company and an agreement with an employee is allotted for the implementation of labor functions is called working time.

Its maximum duration is 40 hours over 5 days. The rule cannot be broken even by agreement of the parties.

Composition and structure

To separate the time costs that carry a productive load from irrational costs, they are classified according to some criteria.

Thus, any production process consists of the following steps:

preparatory and final, assigned to receive a task, tools, technical documentation, instructions, equipment adjustment, delivery finished products, fixtures, papers and drawings;
operational, used directly to perform the operation;
technological, spent on the physical change of the object of labor;
auxiliary, necessary for the implementation of activities that provide the main work (loading equipment with raw materials, moving mechanisms);
maintenance of the production site (care of units and tools, cleaning);
a break for rest and personal needs (set in the amount of 8 to 15 minutes and included in the general norm).

What is included?

Due to their functional purpose, intervals that are not actually used for the production of material goods or the provision of services are still included in the working time.

This is a period and breaks of several types:

simple;
child feeding;
heating and rest for some groups;
a window between shifts for a worker on a rotational basis.

In addition, unless otherwise stipulated in regulations or industry agreements, there may be mandatory change of clothes during working hours. The exceptions are, for example, miners, who have a special interval for such actions.

The measure of labor unofficially includes the so-called unproductive time costs. These include: smoke breaks, conversations, tea.

Such breaks reduce the results of work. Employers try to accept local acts e.g. for smoking cessation. But in order for such a ban not to be appealed, it should apply only to working hours.

Often there are questions about whether lunch is included in the interval intended for the performance of the direct duties of an employee.

The legislation unequivocally defines: if the conditions do not allow for a pause for sleep and eating, then the employee should be given such an opportunity on the job.

What doesn't turn on?

The period during which the employee is free from direct duties is called rest.

According to the Labor Code, there are several intervals used by the employee at his own discretion:

break- this is the time for recovery and eating lasting from 30 minutes to 2 hours, which is provided on a mandatory basis and does not apply to the worker;
daily rest- an unpaid period limited by the end of the shift and its beginning the next day;
day off– weekly release from duties lasting at least 42 hours;
non-working and holidays established regulations RF, their presence during the month should not reduce the amount of the employee's salary;
- an annual paid break from work with a standard duration of 28 calendar days, which is increased for certain categories of workers.

Types of working time, their classification and characteristics

The interval allotted for the performance of immediate duties is divided into several types according to its duration:

normal;
abbreviated;
incomplete.

Normal

Regardless of the structure of working time, type of contract, form of organization and other conditions, such as seasonality, a subordinate can work no more than 40 hours a week.

This duration is called normal.

To determine its value for the billing period, use the rules below:

the daily shift lasts one third of the day or is calculated as the result of dividing the actual number of hours worked (if it is less than 40) by 5 days;
the period of the working day preceding the non-working day is reduced by one hour;
if the day off coincides with a holiday, then it is transferred to the next day, intended for the performance of labor duties, and at the same time its duration does not change;
the presented order of calculations applies to all modes of work and rest;
if the activities of the organization cannot be stopped for objective reasons, the transfer of days off is not carried out.

So, to calculate the norm of working hours in relation to a certain month, you will need to perform the following actions:

the interval allotted for the implementation of labor functions, expressed in hours, divided by 5;
the result obtained is multiplied by the number of working days in the period under review (according to the five-day week calendar);
from the product subtract the hours by which the working time was reduced on the eve of the holidays.

For example, let's calculate this value for an employee who works 40 hours a week for September 2019:

40 / 5 = 8;
9 * 22 = 176;
there are no short days in the period under consideration, so nothing needs to be subtracted.

abbreviated

This may be due to harmful hazardous conditions work, or the age of the employee.

Execution period size professional duties shown in the table:

Group			Maximum number of working hours per week
Minors
Up to 16 years old	Not attending educational institutions	24,0
	students		12,0
16-18			17,5
	Not related to schoolchildren and students	35,0
Disabled people (I or II group)
Employees whose working conditions are recognized as harmful (grade 3 or 4) or dangerous			36,0
medical staff			39,0
teachers			36,0
Persons carrying out activities related to chemical weapons	Researchers, designers		24,0
	Service staff		36,0

incomplete

There are several types of working time, reduced by agreement of the parties and paid in proportion to the period worked.

These include:

part shift is the daily reduction in the number of working hours;
short work week, for example, three days of eight hours, instead of the normal five;
mixed- when both indicators decrease.

In this situation, all benefits and guarantees are preserved according to the list:

the time worked is protected in the length of service, as full;
weekends and holidays are provided in accordance with the law.

overtime

At the initiative of the management, labor functions are carried out outside the established duration of the shift. The period of such activity cannot exceed 4 hours in two days and 120 in a year.

Some groups of employees cannot be involved in it:

pregnant women;
minors, except for artists and athletes;
acting in accordance with the student agreement;
having medical contraindications, for example, with an active form of tuberculosis.

Federal acts define categories of persons who have the right to refuse to work in excess of the standard:

women whose children have not reached the age of three;
any of the parents raising a child under 5 years old without the help of a spouse;
disabled people;
employees with children with disabilities or caring for a sick relative;
guardians of minors.

Example:

An employee with persistent disorders of the functions of the body, performing duties on a reduced schedule - 30 hours a week, they want to involve in overtime work. Is it legal?

Answer:

No, since a disabled person should not be involved in labor for a period exceeding that established by a medical report.

Non-standardized

One type of work regime allows you to sometimes involve subordinates in the performance of duties outside the norms established for them.

The consent of the employee is not required, and besides, he is obliged to adhere to the general routine. Inconveniences are compensated by a duration of at least 3 days.

The employer himself draws up a regulation on an irregular day.

minors;
disabled people with medical restrictions;
workers in conditions dangerous to life and health;
persons for whom a reduced duration of performance of duties has been established.