Working time is the time during which the employee. Glossary of labor law terms

Certification of workplaces according to working conditions- assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and take measures to bring working conditions in line with state regulatory requirements for labor protection. Certification of workplaces in terms of working conditions is carried out in the manner prescribed by federal body executive power, carrying out the functions of developing state policy and legal regulation in the field of labor (Article 209 of the Labor Code of the Russian Federation).

Base salary (base official salary), base rate wages - the minimum salary (official salary), the wage rate of an employee of the state or municipal institution who carries out professional activities in the profession of a worker or an employee's position, included in the relevant professional qualification group, without taking into account compensatory, incentive and social payments.

Safe working conditions- working conditions under which the impact on workers of harmful and (or) hazardous production factors is excluded or the levels of their impact do not exceed the established standards (Article 209 of the Labor Code of the Russian Federation).

Shift method- a special form of carrying out the labor process outside the place of permanent residence of employees, when their daily return to the place of permanent residence cannot be ensured.

The rotational method is used when the place of work is significantly removed from the place of permanent residence of employees or the location of the employer in order to reduce the time for construction, repair or reconstruction of industrial, social and other facilities in uninhabited, remote areas or areas with special natural conditions, as well as in order to implement other production activities (Article 297 of the Labor Code of the Russian Federation).

Harmful production factor- a production factor, the impact of which on an employee can lead to his illness (Article 209 of the Labor Code of the Russian Federation).

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

Guarantees- means, methods and conditions by which the exercise of the rights granted to employees in the field of social and labor relations is ensured (Article 164 of the Labor Code of the Russian Federation).

State examination of working conditions- assessment of the compliance of the object of examination with the state regulatory requirements for labor protection (Article 209 of the Labor Code of the Russian Federation).

Labor discipline- obligatory obedience for all employees to the rules of conduct determined in accordance with this Code, other federal laws, collective agreement, agreements, local regulations, labor contract (Article 189 of the Labor Code of the Russian Federation).

Strike- temporary voluntary refusal of employees to perform their labor duties (in whole or in part) in order to resolve a collective labor dispute (Article 398 of the Labor Code of the Russian Federation).

Salary (employee's wages)- remuneration for work depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation payments (surcharges and allowances of a compensatory nature, including for work in conditions that deviate from normal, work in special climatic conditions and on territories exposed to radioactive contamination, and other payments of a compensatory nature) and incentive payments (additional payments and allowances of a stimulating nature, bonuses and other incentive payments) (Article 129 of the Labor Code of the Russian Federation).

Individual labor dispute- unresolved disagreements between the employer and the employee on the application of labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, an agreement, a local regulatory act, employment contract(including establishing or changing individual conditions labor), which are declared to the body for the consideration of individual labor disputes.

An individual labor dispute is a dispute between an employer and a person who previously had an employment relationship with this employer, as well as a person who has expressed a desire to conclude an employment contract with the employer, if the employer refuses to conclude such an agreement (Article 381 of the Labor Code of the Russian Federation).

Collective agreement- a legal act regulating social and labor relations in an organization or with an individual entrepreneur and concluded by employees and the employer represented by their representatives (Article 40 of the Labor Code of the Russian Federation).

Collective labor dispute- unresolved disagreements between employees (their representatives) and employers (their representatives) regarding the establishment and change of working conditions (including wages), the conclusion, amendment and implementation of collective agreements, agreements, as well as in connection with the refusal of the employer to take into account the opinion of the elected representative body employees when adopting local regulations (Article 398 of the Labor Code of the Russian Federation).

Compensation- monetary payments established for the purpose of reimbursement to employees of costs associated with the performance by them of labor or other duties provided for by this Code and other federal laws (Article 164 of the Labor Code of the Russian Federation).

Lockout- dismissal of employees at the initiative of the employer in connection with their participation in the collective labor dispute or on strike (Article 415 of the Labor Code of the Russian Federation).

homeworkers persons who have concluded an employment contract on the performance of work at home from materials and using tools and mechanisms allocated by the employer or purchased by the homeworker at their own expense are considered (Article 310 of the Labor Code of the Russian Federation).

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

labor standards- norms of production, time, norms of number and other norms - are established in accordance with the achieved level of technology, technology, organization of production and labor (Article 160 of the Labor Code of the Russian Federation).

Association of employers - non-profit organization, which unites employers on a voluntary basis to represent the interests and protect the rights of its members in relations with trade unions, bodies state power and local governments (Article 33 of the Labor Code of the Russian Federation).

Salary (salary)- a fixed amount of remuneration of an employee for the performance of labor (official) duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments (Article 129 of the Labor Code of the Russian Federation).

Hazardous production factor- a production factor, the impact of which on an employee can lead to his injury.

Features of labor regulation- norms that partially limit the application of general rules on the same issues or provide additional rules for certain categories of workers (Article 251 of the Labor Code of the Russian Federation).

Occupational Safety and Health- a system for preserving the life and health of workers in the course of labor activity, including legal, socio-economic, organizational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures (Article 209 of the Labor Code of the Russian Federation).

Transfer to another job- permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works (if structural subdivision was specified in the employment contract), while continuing to work for the same employer, as well as transferring to work in another locality together with the employer (Art. 72.1).

Employee's personal data- information required by the employer in connection with the employment relationship and relating to a particular employee.

Processing of personal data of an employee - receipt, storage, combination, transfer or any other use of personal data of an employee (Article 85 of the Labor Code of the Russian Federation).

Internal labor regulations- a local normative act regulating, in accordance with this Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other regulatory issues labor relations with this employer (Article 189 of the Labor Code of the Russian Federation).

Conciliation procedures- consideration of a collective labor dispute for the purpose of its resolution by a conciliation commission, with the participation of an intermediary and (or) in labor arbitration (Article 398 of the Labor Code of the Russian Federation).

Forced labor- performance of work under the threat of any punishment (violent influence), including:

in order to maintain labor discipline;

as a measure of responsibility for participating in a strike;

as a means of mobilization and use work force for the needs of economic development;

as a punishment for having or expressing political views or ideological beliefs that are contrary to the established political, social or economic system;

as a measure of discrimination based on racial, social, national or religious affiliation.

Forced labor also includes work that an employee is forced to perform under the threat of any punishment (violent influence), while in accordance with this Code or other federal laws, he has the right to refuse to perform it, including in connection with :

violation deadlines payment of wages or its payment not in full;

the emergence of an immediate threat to the life and health of an employee due to violation of labor protection requirements, in particular, the failure to provide him with collective or individual protective equipment in accordance with established standards (Article 4 of the Labor Code of the Russian Federation).

Production activity- a set of actions of workers using the means of labor necessary to turn resources into finished products, including production and processing various kinds raw materials, construction, provision of various types of services (Article 209 of the Labor Code of the Russian Federation).

Occupational risk- the probability of causing harm to health as a result of exposure to harmful and (or) dangerous production factors in the performance of duties by an employee under an employment contract or in other cases established by this Code, other federal laws. The procedure for assessing the level of occupational risk is established by the federal executive body that carries out the functions of developing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations (Article 209 of the Labor Code of the Russian Federation).

Worker- an individual who has entered into an employment relationship with the employer.

Persons who have reached the age of sixteen years, and in the cases and in the manner established by this Code, also persons who have not reached the specified age (Article 20 of the Labor Code of the Russian Federation) have the right to enter into labor relations as employees.

Employer- an individual or a legal entity (organization) that has entered into an employment relationship with an employee. In cases stipulated by federal laws, another entity entitled to conclude employment contracts may act as an employer. For the purposes of this Code, employers who are individuals are recognized as:

individuals duly registered as individual entrepreneurs and carrying out entrepreneurial activity without education legal entity, as well as private notaries, lawyers who have established law offices, and other persons whose professional activity subject to federal law state registration and (or) licensing, entered into labor relations with employees in order to carry out the specified activities (hereinafter - employers - individual entrepreneurs). Individuals who, in violation of the requirements of federal laws, carry out the specified activity without state registration and (or) licensing, who have entered into labor relations with employees in order to carry out this activity, are not exempt from the obligations imposed by this Code on employers - individual entrepreneurs;

individuals entering into labor relations with employees for the purpose of personal service and household assistance (hereinafter referred to as employers - individuals who are not individual entrepreneurs).

The rights and obligations of the employer in labor relations are exercised by: an individual who is an employer; management bodies of a legal entity (organization) or persons authorized by them in the manner established by this Code, other federal laws and other regulatory legal acts Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, founding documents legal entity (organization) and local regulations (Article 20 of the Labor Code of the Russian Federation).

Work time - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time . Normal working hours cannot exceed 40 hours per week (Article 91 of the Labor Code of the Russian Federation).

Night time - time from 10 p.m. to 6 a.m. (Article 96 of the Labor Code of the Russian Federation).

Workplace- the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer (Article 209 of the Labor Code of the Russian Federation).

Head of the organization- an individual who, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, constituent documents of a legal entity (organization) and local regulations manages this organization, including performing the functions of its sole executive body(Article 273 of the Labor Code of the Russian Federation).

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

seasonal recognized work, which due to climatic and other natural conditions are carried out within a certain period (season), not exceeding, as a rule, six months (Article 293 of the Labor Code of the Russian Federation).

Certificate of conformity of the organization of work on labor protection- a document certifying the compliance of the work carried out by the employer on labor protection with state regulatory requirements for labor protection (Article 209 of the Labor Code of the Russian Federation).

Business trip- an employee's trip by order of the employer for a certain period of time to perform an official assignment outside the place of permanent work. Business trips of employees permanent job which is carried out on the way or has a traveling character, business trips are not recognized (Article 166 of the Labor Code of the Russian Federation).

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

part-time- performance by the employee of other regular paid work on the terms of an employment contract in his spare time from his main job (Article 282 of the Labor Code of the Russian Federation).

Agreement- a legal act regulating social and labor relations and establishing general principles regulation of related economic relations concluded between the authorized representatives of employees and employers at the federal, interregional, regional, sectoral (intersectoral) and territorial levels of social partnership within their competence.

Depending on the scope of regulated social and labor relations, agreements may be concluded: general, interregional, regional, sectoral (intersectoral), territorial and other agreements.

The General Agreement establishes general principles for the regulation of social and labor relations and related economic relations at the federal level.

The interregional agreement establishes general principles for the regulation of social and labor relations and related economic relations at the level of two or more constituent entities of the Russian Federation.

The regional agreement establishes general principles for regulating social and labor relations and related economic relations at the level of a subject of the Russian Federation.

The sectoral (intersectoral) agreement establishes general terms and Conditions remuneration, guarantees, compensations and benefits for employees of the industry (sectors). A sectoral (intersectoral) agreement may be concluded at the federal, interregional, regional, territorial levels of social partnership.

The territorial agreement establishes general working conditions, guarantees, compensations and benefits for employees in the territory of the respective municipality.

Other agreements - agreements that can be concluded by parties at any level of social partnership in certain areas of regulation of social and labor relations and other relations directly related to them (Article 45 of the Labor Code of the Russian Federation).

Social partnership in the sphere of labor- a system of relations between employees (representatives of employees), employers (representatives of employers), state authorities, local authorities, aimed at ensuring the coordination of the interests of employees and employers on the regulation of labor relations and other relations directly related to them (Article 23 of the Labor Code of the Russian Federation ).

Means of individual and collective protection of workers - technical means used to prevent or reduce the impact on workers of harmful and (or) hazardous production factors, as well as to protect against pollution (Article 209 of the Labor Code of the Russian Federation).

Occupational safety standards- rules, procedures, criteria and standards aimed at preserving the life and health of workers in the course of work and regulating the implementation of socio-economic, organizational, sanitary and hygienic, medical and preventive, rehabilitation measures in the field of labor protection (Article 209 of the Labor Code of the Russian Federation) .

Tariff rate- a fixed amount of remuneration for an employee for fulfilling a labor norm of a certain complexity (qualification) per unit of time without taking into account compensatory, incentive and social payments (Article 129 of the Labor Code of the Russian Federation).

Tariff wage systems- systems of remuneration based on the tariff system of differentiation of wages of workers various categories.

The tariff system for differentiating the wages of employees of various categories includes: tariff rates, salaries (official salaries), tariff scale and tariff rates.

Tariff scale - set tariff categories works (professions, positions) determined depending on the complexity of the work and the requirements for the qualifications of employees using tariff coefficients.

Wage category - a value that reflects the complexity of work and the level of qualification of the employee.

Qualification category - a value that reflects the level of professional training of an employee.

Tariffication of work - assignment of types of labor to tariff categories or qualifying categories depending on the complexity of the work.

The complexity of the work performed is determined on the basis of their billing.

Tariffication of work and the assignment of tariff categories to employees are carried out taking into account a single tariff qualification handbook works and professions of workers, a unified qualification directory of positions of managers, specialists and employees. These reference books and the procedure for their application are approved in the manner established by the Government of the Russian Federation.

Tariff wage systems are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms. Tariff systems of remuneration are established taking into account the unified tariff and qualification directory of works and professions of workers, the unified qualification directory of positions of managers, specialists and employees, as well as taking into account state guarantees for wages (Article 143 of the Labor Code of the Russian Federation).

Labor protection requirements- state regulatory requirements for labor protection, including labor safety standards, as well as labor protection requirements established by the rules and instructions for labor protection (Article 209 of the Labor Code of the Russian Federation).

Labor contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, the collective agreement, agreements, local regulations and this agreement , timely and in full to pay the employee wages, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations in force for this employer (Article 56 of the Labor Code of the Russian Federation).

Labor Relations - relations based on an agreement between the employee and the employer on the personal performance by the employee of the labor function for payment (work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific type of work entrusted to the employee), subordination of the employee to the rules of internal labor regulations while providing the employer with working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract (Article 15 of the Labor Code of the Russian Federation ).

Occupational risk management- a set of interrelated activities, including measures to identify, assess and reduce the levels of professional risks. The regulation on the occupational risk management system is approved by the federal executive body responsible for the development of state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations (Article 209 of the Labor Code of the Russian Federation).

Working conditions- a set of factors of the working environment and the labor process that affect the performance and health of an employee (Article 209 of the Labor Code of the Russian Federation).

Chapter 15. General Provisions

Article 91. The concept of working time. Normal working hours
Working time - the time during which the employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulatory legal acts, are related to working time.
Normal working hours may not exceed 40 hours per week.
The employer is obliged to keep records of the time actually worked by each employee.

Article 92. Reduced hours of work
Normal hours of work are reduced by:

• 16 hours a week - for employees under the age of sixteen;
• 5 hours a week - for employees who are disabled people of group I or II;
• 4 hours per week - for employees aged sixteen to eighteen;
• 4 hours a week or more - for workers engaged in work with harmful and (or) hazardous conditions labor, in the manner prescribed by the Government of the Russian Federation.

Students working hours educational institutions under the age of eighteen, working for school year in his free time from studies, may not exceed half of the norms established by the first part of this article.
The federal law may establish reduced working hours for other categories of employees (pedagogical, medical and other employees).

Article 93. Part-time work
By agreement between the employee and the employer, part-time work or part-time work may be established both at the time of employment and subsequently work week. The employer is obliged to establish part-time work or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for the sick family member in accordance with the medical report.
When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.
Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Article 94. Duration of daily work (shift)
The duration of daily work (shift) cannot exceed:

• for employees aged fifteen to sixteen - 5 hours, for those aged sixteen to eighteen years - 7 hours;
• for students educational institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, aged from
• fourteen to sixteen years - 2.5 hours, at the age of sixteen to eighteen years - 3.5 hours;
• for the disabled - in accordance with the medical report.

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

• with a 36-hour work week - 8 hours;
• with a 30-hour work week or less - 6 hours.

For creative workers of cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses, facilities mass media, professional athletes in accordance with the lists of categories of these workers approved by the Government of the Russian Federation, the duration of daily work (shift) may be established in accordance with laws and other regulatory legal acts, local regulations, a collective agreement or an employment contract.

Article 95
The duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour.
In 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.
On the eve of the weekend, the duration of work with a six-day working week cannot exceed five hours.

Article 96. Night work
Night time is from 22:00 to 06:00.
The duration of work (shift) at night is reduced by one hour.
The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement.
The duration of work at night is equalized with the duration of work in the daytime in cases where it is necessary for working conditions, as well as in shift work with a six-day working week with one day off. The list of the specified works can be determined by the collective agreement, the local normative act.
To work at night are not allowed: pregnant women; disabled people; employees under the age of eighteen, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws. Women with children under the age of three, employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical report, mothers and fathers raising children under the age of five without a spouse (wife) , as well as guardians of children of the specified age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report. At the same time, these employees must be in writing aware of their right to refuse to work at night.
The procedure for night work of creative workers of cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses, mass media and professional athletes in accordance with the lists of categories of these workers approved by the Government of the Russian Federation may be determined by a collective agreement, local normative act or agreement of the parties to the employment contract.

Article 97. Work outside the normal working hours
Work outside the normal working hours can be carried out both at the initiative of the employee (part-time work) and at the initiative of the employer (overtime work).

Article 98
At the request of the employee, the employer has the right to allow him to work under another employment contract in the same organization in a different profession, specialty or position outside the normal working hours in the order of internal combination.
An employee has the right to conclude an employment contract with another employer to work on the terms of an external part-time job, unless otherwise provided by this Code or other federal laws.
Work outside normal working hours may not exceed four hours a day and 16 hours a week.
Internal part-time employment is not permitted in cases where a reduced working time is established, with the exception of cases provided for by this Code and other federal laws.

Article 99. Work outside the normal working hours at the initiative of the employer (overtime work)
Overtime work - work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours for the accounting period.
Involvement in overtime work is carried out by the employer with the written consent of the employee in the following cases:
1) in the performance of work necessary for the defense of the country, as well as to prevent a production accident or eliminate the consequences of a production accident or natural disaster;
2) when performing socially necessary work on water supply, gas supply, heating, lighting, sewerage, transport, communications - to eliminate unforeseen circumstances that disrupt their normal functioning;
3) if necessary, perform (finish) the work that has been started, which, due to an unforeseen delay due to the technical conditions of production, could not be performed (completed) during the normal number of working hours, if the failure to perform (non-completion) of this work may entail damage or destruction of the employer's property, state or municipal property or endanger the life and health of people;
4) in the performance of temporary work on the repair and restoration of mechanisms or structures in cases where their failure may cause the termination of work for a significant number of employees;
5) to continue work in the absence of a replacement employee, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee.
In other cases, involvement in overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected trade union body of this organization.
It is not allowed to involve pregnant women, workers under the age of eighteen, and other categories of workers in overtime work in accordance with federal law. Involvement of disabled people, women with children under the age of three years, to overtime work is allowed
with their written consent and provided that such work is not prohibited by them for health reasons in accordance with a medical report. At the same time, disabled people, women with children under the age of three, must be familiarized in writing with their right to refuse overtime work.
Overtime work must not exceed four hours for each employee on two consecutive days and 120 hours per year.
The employer is obliged to ensure that overtime work performed by each employee is accurately recorded.

Chapter 16

Article 100. Working hours
The working time regime should provide for the duration of the working week (five-day with two days off, six days with one day off, working week with the provision of days off on a rotating schedule), work with an irregular working day for certain categories of workers, the duration of daily work (shifts), time the beginning and end of work, the time of breaks in work, the number of shifts per day, the alternation of workers and non-working days which are established by the collective agreement or the internal labor regulations of the organization in accordance with this Code, other federal laws, the collective agreement, agreements.
Features of the regime of working time and rest time for transport workers, communications workers and others who have a special nature of work are determined in the manner established by the Government of the Russian Federation.

Article 101. Irregular working day
Irregular working hours - a special mode of work, in accordance with which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the normal working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreement or internal labor regulations of the organization.

Article 102. Work in the regime of flexible working hours
When working in flexible working hours, the beginning, end or total length of the working day is determined by agreement of the parties.
The employer ensures that the employee works out the total number of working hours during the relevant accounting periods (working day, week, month, and others).

Article 103. Shift work
Shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the allowable duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided.
During shift work, each group of workers must perform work during the established working hours in accordance with the shift schedule.
When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees. Shift schedules, as a rule, are an annex to the collective agreement.
Shift schedules are communicated to employees no later than one month prior to their entry into force.
Working two shifts in a row is prohibited.

Article 104
In organizations or when performing certain types of work, where, due to the conditions of production (work), the daily or weekly working hours established for this category of workers cannot be observed, it is allowed to introduce a summarized accounting of working hours so that the working hours for the accounting period (month , quarter and others) did not exceed the normal number of working hours.
The accounting period cannot exceed one year.
The procedure for introducing the summarized accounting of working time is established by the internal labor regulations of the organization.

Article 105. Division of the working day into parts
In those jobs where it is necessary due to the special nature of the work, as well as in the production of work, the intensity of which is not the same during the working day (shift), the working day can be divided into parts so that the total duration of working time does not exceed the established duration of daily work. . Such a division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected trade union body of this organization.

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New edition Art. 91 Labor Code of the Russian Federation

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

Normal working hours may not exceed 40 hours per week.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a) normal working hours;

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

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

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

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Main articles of the law

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

The Labor Code of the Russian Federation is the main document that defines the relationship between the employer, employee and legal legislation.

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

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

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

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

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

Workers' rights

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

The basic rights of an employee include:

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

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

Ensuring fundamental rights of employees

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

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

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

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

ATTENTION! View the completed sample employment contract:

Additional rights and obligations

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

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

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

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

Duties and responsibilities

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Guarantees and obligations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Consequences of non-compliance

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

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

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

These include:

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

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

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

Work time- the time during which the employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulations, are related to working time.

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

Normal working hours cannot exceed 40 hours per week.

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

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

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

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

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

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

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

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

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

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

Types of rest time:

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

2) daily (between shifts) rest ;

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

4) non-working holidays;

Non-working holidays in the Russian Federation are:

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

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

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

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

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

- women - before maternity leave or
immediately after it;

- employees under the age of 18;

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

- in other cases stipulated by federal laws.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The wage system can be time and piecework.

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

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

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

In addition to the main salary systems, to calculate the material interest of employees in fulfilling production tasks and contractual obligations, increasing production efficiency and quality of work, bonus systems can be introduced, including bonuses, remuneration based on the results of the year and other forms of material incentives.

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

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

WORK TIME

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

Working hours

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

Read also: Breaks while working at the computer labor code

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

Working hours should include

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

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

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

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

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

Time relax

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

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

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

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

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

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

Normal working hours may not exceed 40 hours per week.

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

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

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

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

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

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

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

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

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

Read also: Actions of the employee during the reduction

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

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

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

Night time is defined by art. 96 of the Labor Code of the Russian Federation as time from 10 pm to 6 am. The duration of work (shift) at night is reduced by one hour without subsequent working off. The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement.

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

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

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

99 of the Labor Code of the Russian Federation cases.

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

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

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

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

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

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

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

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

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

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

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

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

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

Working two shifts in a row is prohibited.

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

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

- breaks during the working day (shift);

— daily (between shifts) rest;

- weekends (weekly uninterrupted rest);

- non-working holidays;

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

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

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

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

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

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

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

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

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

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

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

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