How long does it take to work? Pharmacy workers' right to a shorter working week Working hours of a pharmacist in a polyclinic.
The Labor Code establishes the obligation to keep records of the time actually worked by each of the employees. This important point respecting their rights - after all, overtime work, work at night or on weekends, non-work holidays should be compensated. Physicians are a special category of workers: their processing can affect the quality of services provided to the population. Therefore, the employer must strictly comply with the requirements of labor legislation regarding the duration of the work of doctors. Today we will tell you what types of working hours are possible for medical work nicknames, how many hours a week they should work, what forms of documents should be used to keep records of the actual hours worked.
General information on working hours
Work time- the time during which the employee in accordance with the internal labor regulations and conditions employment contract must perform labor duties, as well as other periods of time that, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation refer to working hours (special breaks for heating and rest - Article 109 of the Labor Code of the Russian Federation, additional breaks for feeding a child - Article 258 of the Labor Code of the Russian Federation, etc.). The normal length of such time cannot exceed 40 hours per week.
For medical professionals Art. 350 of the Labor Code of the Russian Federation established a reduced duration of working hours, which is normal for them - 39 hours per week. Also, depending on the position or specialty, the working hours of doctors are changed by the Government of the Russian Federation.
For your information... Article 92 of the Labor Code of the Russian Federation establishes a reduced working time for workers under the age of 16 - no more than 24 hours a week, from 16 to 18 - no more than 35 hours a week, workers who are disabled of I or II groups - no more than 35 hours , and for persons engaged in work with harmful and (or) dangerous working conditions - no more than 36 hours.
In particular, on the basis of the Decree of the Government of the Russian Federation of February 14, 2003 N 101, the following working hours are established:
1.36 hours a week - for doctors, nurses and nurses:
- infectious diseases hospitals;
- dermatovenerologic dispensaries, leper colony, hospitals for the prevention and control of AIDS;
- laboratories that diagnose HIV infection;
- psychiatric (neuropsychiatric), neurosurgical, drug treatment facilities intended to serve citizens suffering from mental illness;
- children's psychiatric (neuropsychiatric) hospitals, educational institutions for mentally retarded children;
- physiotherapy hospitals;
— public service medical and social expertise, carrying out the examination of citizens suffering from mental illness;
- stations (departments) of the ambulance and emergency medical care, regional, regional and republican hospitals.
2.33 hours a week:
- for doctors of health care facilities (outpatient clinics, dispensaries, medical centers, stations, departments, offices) to carry out only outpatient reception of patients;
- doctors and nurses of physiotherapy hospitals and offices with a full working day on medical generators "VHF" with a capacity of over 200 W;
- dentists, dentists-orthopedists, dentists-therapists, dentists and technicians (except for doctors - dentists-surgeons) of dental hospitals and offices.
3.30 hours a week for doctors, nurses and nurses:
- tuberculosis and anti-tuberculosis organizations (their structural units), institutions of social services for the population, designed to serve patients with tuberculosis;
- Bureau of forensic medical examination, pathological and anatomical departments, laboratories, mortuaries, directly working with corpses and cadaveric material;
- institutions of the state service of medical and social expertise, carrying out the examination of citizens with tuberculosis;
- healthcare organizations when working on the preparation and preservation of cadaveric blood;
- when working with gamma therapy and experimental gamma radiation in wards for patients with superimposed radioactive drugs, work associated with gamma devices;
- when working with X-ray diagnostics, fluorography, on a rotary X-ray therapy unit with visual control.
Note... Nurses of X-ray and fluorography rooms and installations should work 30 hours a week, helping the doctor with X-ray diagnostics and fluorography for at least half of the working day.
4. 24 hours a week - for medical workers directly carrying out gamma therapy and experimental gamma irradiation with gamma drugs in radio manipulation rooms and laboratories.
Working hours
Medical workers can work in various modes - a 5-day work week with two days off, irregular working hours, shift work, part-time work, etc.
Establishing a work schedule is important from the point of view of the distribution of the norm of working time during the accounting period - a week, month, quarter or year. For example, with a 40-hour week, the duration of daily work (shift) should not exceed 8 hours per day. And how to determine the duration of daily work (shift) with a reduced duration of working hours? The Order of the Ministry of Health and Social Development of the Russian Federation of 13.08.2009 N 588n will help us with this. In particular, to determine the duration of the shift (daily work), you need to divide the established duration of the working week by 5 days (p. 1). Accordingly, the duration of the shift of health workers will be:
- with a 39-hour work week - 7.8 hours;
- at 36 hours - 7.2 hours;
- at 33 hours - 6.6 hours;
- at 30 hours - 6 hours;
- at 24 hours - 4.8 hours.
To calculate the standard working time for an accounting period, for example, a month, you need to divide the duration of the working week by 5 (working days per week) and multiply by the number of working days according to the calendar of the 5-day working week of this month. From the result obtained, it is necessary to subtract the hours by which the working time is reduced on the eve of non-working holidays. For example, the working time norm for December 2013 will be: (39 h / 5 days) x 22 days. - 1 h = 170.6. 39 hours is the normal duration of work for a medical worker, 22 is the number of working days in December, 1 hour is the time by which the shift preceding January 1 is shortened (weekend holiday).
In addition to this calculation of the duration of daily work, it is worth considering the requirements Labor Code, the norms of which have already determined the maximum duration of operation for:
- employees aged 15 to 16 years - 5 hours, from 16 to 18 years old - 7 hours;
- students educational institutions, educational institutions of primary and secondary vocational education combining during school year study with work, at the age of 14 to 16 years - 2.5 hours, from 16 to 18 years old - 4 hours;
- disabled people - in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts.
If a physician is engaged in hazardous work or work with hazardous working conditions, where a reduced working time is established, the maximum permissible 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.
By virtue of Art. 94 of the Labor Code of the Russian Federation, the duration of daily work (shift) in comparison with that established for persons employed in work with harmful and (or) hazardous working conditions may be increased collective agreement subject to compliance with the maximum weekly working hours and hygienic standards of working conditions.
note! The duration of a working day or shift immediately preceding a non-working holiday is reduced by 1 hour, and if the employer has a 6-day working week, this duration cannot exceed 5 hours (Article 95 of the Labor Code of the Russian Federation).
Duration of work (shift) at night on the basis of Art. 96 of the Labor Code of the Russian Federation is also subject to reduction. But it can be equal to the duration of work in the daytime in cases where it is necessary for working conditions, as well as in shift work with a 6-day working week with one day off. The list of these works may be determined by a collective agreement, local regulation.
Now let's move on to working hours.
In medical institutions, the following working hours are most often established:
1. Shift work - work in 2, 3 or 4 shifts. This mode is introduced in cases where the duration production process exceeds the permissible 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). Usually, a shift mode is installed at ambulance stations, in emergency departments of medical and prophylactic institutions, medical institutions that provide emergency specialized (sanitary and aviation) medical care. As you know, such units work around the clock. The duration of a shift in this case can be 8 hours in a three-shift mode of operation or 12 hours in a two-shift mode. The main thing is that the norm of working hours for a month, quarter or year is observed.
In case of shift work, each group of employees must perform duties during the established duration of working hours in accordance with the shift schedule, which is adopted taking into account the opinion of the representative body of employees and is brought to the attention of the personnel no later than 1 month in advance.
The schedule is developed in such a way that the physician, having completed one shift, goes on vacation, after which he will work on another shift. Sometimes the work schedule is tied to the days of the month or days of the week: for example, Monday, Wednesday, Friday - the first shift, Tuesday, Thursday, Saturday - the second.
Please note that monthly work hours may not match normal work hours for the same period if the schedule is quarterly, half-yearly, or yearly. For example, if the norm of hours for a health worker in the IV quarter of 2013 is 467 hours, he can work as follows:
It can be seen from the table: despite the discrepancy in individual months of the normal number of working hours to the number of working hours according to the schedule, in general, the entire time norm has been worked out for the accounting period.
Quite often, medical workers work according to the schedule after three days or the first shift on even days of the month, the second on odd days. Is this shift work? No, this mode of operation is not changeable, although schedules are also drawn up for it. It's more of a flexible schedule.
2. Flexible working hours. This mode of operation is stated in Art. 102 of the Labor Code of the Russian Federation. In particular, under this regime, the beginning, end or total duration of the working day (shift) is determined by agreement of the parties. In this case, the employer must ensure that the employee works out the total number of working hours during the relevant accounting periods (working day, week, month, etc.). Let us recall that the norm of working time for a month, quarter, six months or a year is calculated in accordance with the Order of the Ministry of Health and Social Development of the Russian Federation of 13.08.2009 N 588n.
3. Duty at home - stay of a medical worker medical organization at home while waiting for a call to work (to provide medical assistance in an emergency or urgent form).
When taking into account the time actually worked by an employee of a medical organization, the time of duty at home is taken into account in the amount of 1/2 hour of working time for each hour of duty (Article 350 of the Labor Code of the Russian Federation). The total duration of the working time of a medical worker, taking into account the time on duty at home, should not exceed the standard working time for the relevant period.
In addition, other operating modes may be used for certain categories of medical workers.
Part-time working hours. Article 93 of the Labor Code of the Russian Federation determines that, by agreement between the employee and the employer, it can be established both upon hiring and subsequently part-time (shift) or part-time work week. That is, the employee will not work 5 days a week, but, for example, 3, or the length of his working day will not be 7.2 hours, but 5.
Note that the employer cannot refuse to establish such a work schedule for a pregnant employee, as well as an employee if he:
- one of the parents (guardians, trustees) with a child under the age of 14 (a disabled child under the age of 18);
- a person caring for a sick family member in accordance with a medical report.
Remuneration for an employee working part-time is made in proportion to the time worked by him or depending on the amount of work performed by him. At the same time, such work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights.
Irregular working hours. This is a special mode of work, in accordance with which individual employees can, on the order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the established working hours. But such a mode of operation can not be set by any health worker. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or a local normative act, adopted taking into account the opinion of the representative body of employees, and usually it includes managers medical institutions- chief doctors and their deputies, as well as senior nurses.
Please also note that in any mode, medical officer overtime work can be formed.
Time tracking
Since the accrual also depends on the actual hours worked. wages(for example, for overtime work or work at night), and the provision of certain guarantees and compensations (for example, milk is issued only on the days of actual employment in jobs with harmful working conditions), it is important to keep records of it.
Order of the Ministry of Finance of the Russian Federation of December 15, 2010 N 173n approved the forms of timesheets that must be used by medical institutions to record working hours:
- Form 0301008 - time sheet;
- Form 0504421 - time sheet and payroll.
The timesheet in the form 0504421 is maintained by persons appointed by order of the institution, monthly as a whole for the medical institution or in the context of structural divisions (departments, departments, faculties, laboratories, etc.), separate subdivisions(branches). The timesheet is opened monthly 2-3 days before the start of the billing period based on the timesheet for the last month.
note! In the report card of form 0504421, only cases of deviations from the normal use of working hours established by the internal labor regulations are registered. In the upper half of the line, for each employee who had deviations from the normal use of working time, the hours of deviations are recorded, and in the lower half - the symbols of deviations. Night hours are also recorded at the bottom of the line.
If one employee of a medical institution has two types of deviations in one day (period), the lower part of the line is written as a fraction, the numerator of which is - symbol the type of deviation, and the denominator is the hours of operation. If there are more than two deviations in one day, the name of the employee is repeated in the report card.
Recall that the marks in the report card about the reasons for non-attendance at work, part-time work or outside the normal working hours are made on the basis of properly drawn up documents (certificate of incapacity for work, certificate of fulfillment of state or public duties, written warning of a simple, written consent of the employee to work overtime in cases established by law, etc.).
At the end of the month, the employee responsible for maintaining the time sheet on form 0504421 determines total days (hours) of no-shows, as well as the number of hours by type of processing (replacement, work on holidays, work at night, etc.) with their recording in the appropriate columns (35, 42, 43, 45, 47, 49, 51) ... The completed timesheet is signed by the person responsible for maintaining it.
For your information... The table of the form 0301008 actually repeats the form of the report card T-13, approved by the Decree of the State Statistics Committee of the Russian Federation of 05.01.2004 N 1. Some institutions do not apply this form, referring to the named decree, in accordance with paragraph 2 of which this form budgetary institutions does not apply. However, before the adoption new form timesheets for state (municipal) institutions can also be applied to the timesheet form 0301008.
The completed timesheet is submitted to the accounting department for settlements in the appropriate columns. After approval by the head of the institution, the time sheet is used to compile a payroll (f. 00504401) or a payroll (f. 0301010).
Summarized recording of working hours
In textbooks and articles in the media, you can read that accounting of working time can be daily (the number of days worked per month is subject to accounting, since the duration of work is the same, and work beyond this duration is recognized as overtime), weekly (applies if, depending on the specifics of the work only its weekly duration can be observed, and the time of daily work or shift is regulated by the schedule) and summarized. The first two types are not regulated by law, but let's talk about the summarized accounting in a little more detail.
Note... With the summarized accounting of working time, the accounting period cannot exceed one year.
The summarized accounting of working time is introduced when, according to the conditions of production (work) in the institution as a whole or when performing certain types The daily or weekly working hours defined for this category of workers cannot be observed (Article 104 of the Labor Code of the Russian Federation). When establishing such an accounting regime, it must be remembered that the duration of the working time for the accounting period (month, quarter and other periods) should not exceed the normal number of working hours. The accounting period cannot exceed 1 year.
The normal number of working hours for the accounting period is determined based on the weekly working hours established for this category of workers. For persons working part-time (shift) and (or) part-time working week, the normal number of working hours for the accounting period is reduced accordingly.
The procedure for the introduction of the summarized accounting of working hours is established by the internal labor regulations and is mainly relevant where there is shift work or flexible working hours.
In accordance with article 91 of the Labor Code of the Russian Federation, normal working hours cannot exceed 40 hours per week.
Article 92 of the Labor Code of the Russian Federation determines that a reduced duration of working hours is established, in particular, for workers employed in work with harmful and (or) hazardous 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 commissions for the regulation of social and labor relations.
In accordance with paragraph 1 of the Decree of the Government of the Russian Federation of November 20, 2008 N 870 "On the establishment of a reduced duration of working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) hazardous and other special conditions labor ”for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions, according to the results of certification of workplaces, a reduced working time was established - no more than 36 hours per week based on the results of certification of workplaces.
Clause 2 of the said Decree of the Government of the Russian Federation instructed the Ministry of Health and Social Development of the Russian Federation, by June 7, 2009, to establish a reduced working time depending on the class of working conditions for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions, however, the Ministry of Health and Social Development of the Russian Federation has not yet fulfilled this instruction of the Government of the Russian Federation.
In accordance with the norm of Article 100 of the Labor Code of the Russian Federation, the specifics of the working hours of workers with a special nature of work are determined in the manner established by the Government Russian Federation.
Decree of the Government of the Russian Federation of 10.12.2002 N 877 "On the peculiarities of the working time and rest time of certain categories of workers with a special nature of work" certain categories of workers with a special nature of work are determined by the relevant federal authorities executive power in agreement with the Ministry of Health and social development Russian Federation. Federal executive bodies have been instructed to approve, by April 1, 2003, normative legal acts defining the specifics of the working hours and rest hours of such workers. As regards pharmacy workers, such regulations have not yet been adopted.
Article 350 of the Labor Code of the Russian Federation establishes the specifics of regulating the work of medical workers, in particular, in accordance with the Decree of the Government of the Russian Federation of February 14, 2003 N 101 "On the duration of the working time of medical workers, depending on their position and (or) specialty" (as amended by 02/01/2005), a shortened working week has been established for various groups of medical workers. Pharmacy workers are not mentioned in this Resolution.
According to the norms of article 423 of the Labor Code of the Russian Federation, at present, the duration of the reduced working time of workers can be regulated by the "List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day ”, approved by the Resolution of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions Presidium of 25.10.1974 N 298 / P-22, in the part that does not contradict the current legislation of the Russian Federation.
According to clause 137 of this List, pharmacists and pharmacists of pharmacies, including those on the staff of health care and social security institutions, except those engaged exclusively in dispensing drugs without prescriptions and other pharmacy goods, have the right to a reduced 6-hour working day.
Thus, formally, pharmacists and pharmacists dispensing prescription drugs, according to the specified List, are entitled to a reduced 6-hour working day.
However, it should be noted that this Resolution of the USSR State Labor Committee is based on the principles of calculating working hours based on a 6-day working week, although, formally, this fact is not mentioned in this Resolution. Consequently, until the Government of the Russian Federation adopts the appropriate normative legal act, employers are obliged to adhere to the norms of working hours established by the said Resolution of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions.
It should be borne in mind that in accordance with paragraph 21 approved by the Resolution State Committee Of the Council of Ministers of the USSR on Labor and Wages and the Presidium of the All-Union Central Council of Trade Unions dated November 21, 1975 N 273 / P-20 "Instructions on the procedure for applying the list of industries,
workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day "(as amended on April 15, 2004) in cases when employees were different works with harmful working conditions, where a reduced working day of various lengths is established, and in total have worked in these areas for more than half of the maximum duration of the shortened day, their working day should not exceed 6 hours.
In conclusion, we note that, nevertheless, the applicability of the Decree of the State Committee for Labor of the USSR No. 298 / P-22 in relation to pharmacy workers not associated with the manufacture of medicines raises certain doubts, since such pharmaceutical activities are not included in any of the approved by federal executive bodies. authorities The list of jobs with harmful and hazardous working conditions, and, in fact, is not.
In the event of a conflict situation between employees and the employer on this issue, the final assessment can only be made by the judicial authorities, the decision of which is rather difficult to predict.
CHAPTER 4 HOURS OF WORK AND REST OF HEALTH CARE WORKERS
CHAPTER 4 HOURS OF WORK AND REST OF HEALTH CARE WORKERS
One of the basic institutions labor law is business hours.
This institution provides legal means for the production process, and also regulates the participation of workers in it. The Labor Code contains a separate section IV "Working hours". In article 1 of this section, for the first time in the form of a legislative act, the concept of the term "working time" is introduced.
Work time -this is the time during which the employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulatory legal acts, refer to working hours.
Human labor always flows through time. For all types of labor, the common measure of the amount spent is always working time. Labor activity of a person is subject to legal regulation, in which his work is carried out in accordance with an employment contract.
The Labor Code of the Russian Federation proceeds from the fact that normal working hours cannot exceed 40 hours. The Code and other Federal Laws may establish reduced working hours for certain categories of workers (pedagogical, medical and
etc.).
Working time consists of the time actually worked by the employee during the day (shift). Other periods of time, equated to a worker, when the worker actually did not fulfill his labor duties, include: breaks for feeding a child (Article 258 of the Labor Code of the Russian Federation); special rest breaks due to the organization of work; on duty at home.
Effective use of working time plays an important role in solving the tasks assigned to health authorities and institutions.
Health care workers can be divided into the following categories based on the length of their working hours: a) with normal working hours; b) with reduced working hours; c) with work outside the normal working hours at the initiative of the employee himself (overtime work, irregular working hours, combination of both external and internal jobs)
The specificity of the legal regulation of the working time of medical workers is manifested in the fact that chief physician, his deputies,
home nurse, Chief Accountant, heads of pharmacies, individual services and departments, junior medical personnel (not working at facilities with hazardous working conditions), service personnel, in accordance with production needs due to the interests of a medical institution, are involved in performing their work duties outside the normal working hours. For them applies irregular working hours. The list of employees of a medical institution with irregular working hours is established by a collective agreement, agreement or internal labor regulations of the institution (Article 101 of the Labor Code of the Russian Federation). For the overwhelming majority of medical workers, reduced working hours are provided (phthisiatrician, physiotherapist, dentist, etc.)
Article 350 of the Labor Code of the Russian Federation determines that a reduced working time is established for medical workers - no more than 39 hours per week. Depending on the position, the duration of the working hours of medical workers is determined by a decree of the Government of the Russian Federation, for example, a decree? 101 of February 14, 2003 "On the duration of the working hours of medical workers, depending on their position and (or) specialty" (as amended on February 1, 2005).
The introduction of reduced working hours for medical personnel is due, in particular, to the following factors:
1) the presence of medical workers in harmful, often life-threatening working conditions (contact with infectious, mental patients, work on X-ray machines, work with contaminated blood, etc.);
2) work with special neuropsychic stress, caused by a sense of responsibility for human life and health;
3) the high intensity of the work of medical workers, requiring significant physical stress.
Several types of reduced working hours are established for health workers. So, according to Art. 92 of the Labor Code of the Russian Federation, for workers (including medical workers) employed in work with harmful and (or) hazardous working conditions, the normal working time is set no more than 36 hours per week.
The Constitution of the Russian Federation enshrines the right to rest and leisure, including the right to reasonable restrictions on working hours and paid vacation. This right is one of the socio-economic rights and is one of the fundamental human rights.
The rules governing the right to rest are included in Section V of the Labor Code of the Russian Federation. According to Art. 106 TC, Time relax- this is the time during which the employee is free from work duties and which he can use at his own discretion. The main goal of the legal regulation of rest time is, firstly, to ensure
the limitation of working hours established by law and, secondly, in creating conditions for employees for the real use of free time.
However, this rule of law does not provide these guarantees for everyone, since, based on the fundamental principles of equality enshrined in the Constitution of the Russian Federation, the principle of freedom of labor does not allow the state to regulate the working hours of persons who do not work. for hire.
A person working under an employment contract is guaranteed the duration of working hours, weekends and holidays established by federal law, paid annual vacation, and the employer, in turn, is obliged to provide the employee with the conditions for the realization of his right to rest.
So, during the working day (shift), the employee must be given a break for rest and meals lasting no more than 2 hours and not less than 30 minutes, which is not included in working hours.
The Labor Code of the Russian Federation defines such types of rest time, as breaks during the working day (shift), daily (inter-shift) rest, weekends and non-working holidays, vacations.
The time for granting a break and its specific duration are established by the internal labor regulations of the organization or by agreement between the employee and the employer.
In jobs where, according to the conditions of production (work), the provision of a break for rest and meals is impossible, 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.
In addition, for certain types of work, special breaks are provided for heating and rest. The types of these works, the duration and procedure for granting such breaks are established by the internal labor regulations of the organization (Article 109 of the Labor Code of the Russian Federation). According to the established practice, persons for whom part-time work is established, as a rule, work without a break for rest and meals.
According to Art. 111 of the Labor Code of the Russian Federation for employees can be established as a 5-day working week with 2 days off, and a 6-day working week with 1 day off. The general day off is Sunday. The second day off with a 5-day working week is established by a collective agreement or the internal labor regulations of the organization. Both days off are provided, as a rule, in a row, while the duration of weekly uninterrupted rest cannot be less than 42 hours (Article 110 of the Labor Code of the Russian Federation), and involvement in work on weekends and non-working holidays is prohibited, except in exceptional cases listed in Art. ... 113 of the Labor Code of the Russian Federation.
Article 112 of the Labor Code of the Russian Federation establishes 11 non-working holidays per year, work on which is allowed only in certain organizations. The specified norm of the law provides that if a day off and a non-working holiday coincide, the day off is postponed to
next after a holiday business day. At the same time, for the purpose of rational use of weekends and non-working holidays by employees, the Government of the Russian Federation has the right to transfer weekends to other days.
As for the conditions of remuneration and the provision of another day of rest for work on a weekend or a non-working holiday, in accordance with Art. 153 of the Code, work on weekends and non-working holidays must be paid at least in double the amount. In addition, this provision also provides for the right of an employee for work on a weekend or a non-working holiday to use another day of rest. In this case, work on a non-working holiday is paid in a single amount, and the day of rest is not payable.
The requirements of the aforementioned norm of the Law also apply to persons working in organizations with shift work.
It is necessary to take into account that the specificity of the work of medical institutions lies in the fact that they work here different categories workers, while some - on a 5-day work week, others - on a 6-day work week, and some categories of medical personnel work in institutions that operate on a permanent basis (such as ambulance and emergency care stations, hospitals, outpatient clinics). Therefore, due to the need for constant continuous service to the population, days off are provided on different days of the week in accordance with the work schedule and internal labor regulations.
V individual cases the employer, by agreement with the trade union committee, may provide additional paid days off, which are fixed in a collective agreement or agreement between the employer and employees.
The Constitution of the Russian Federation guarantees all persons working under an employment contract the right to paid annual leave. All employees have this right, regardless of the place of work and the organizational and legal form of the institution. This right of employees is not limited by anything. The main and only condition is considered labor Relations between employee and employer. In the employment contract, each employee is guaranteed the right to annual paid leave, regardless of the degree of employment, place of performance of labor duties, position held, form of payment, term of the employment contract.
Vacation -it is an annual uninterrupted rest for a certain number of days in a row, which is provided to all employees to restore their working capacity while maintaining their place of work (position) and average earnings.
Annual paid leave is granted 1 time in each year of work. The working year is calculated from the moment the employee concludes an employment contract. During the period when the employee is on annual paid leave, the employer cannot dismiss him on his own initiative, except in cases of liquidation of the organization or when the employer's activities have ceased - natural person(Article 81 of the Labor Code of the Russian Federation). At the same time, the employee himself has the right to be
on annual paid leave, submit a letter of resignation to the employer. During the vacation, the employee receives payment. Payment is made in accordance with Article 136 of the Labor Code of the Russian Federation on the eve of the employee's departure on vacation, but no later than 3 days before its start. An employee on vacation retains seniority and all benefits and benefits. Also, during vacation, transfer to another job is not allowed and any changes in working conditions are generally not allowed.
The time of annual paid leave is included in the total and uninterrupted work experience of the employee, as well as in the length of service that gives the right to annual paid leave.
The number of calendar days of vacation (Article 112 of the Labor Code of the Russian Federation) does not include non-working days and holidays if they fall on the vacation period. But on the basis of Art. 120 of the Labor Code of the Russian Federation day off Sunday is included in the number calendar days vacation.
The minimum duration of annual paid leave is at least 28 calendar days (Article 115 of the Labor Code of the Russian Federation). Until 2002, the employee was granted regular leave only after he had worked for 11 months. In the current Labor Code (in accordance with Article 122), the right to use leave for the first year of work arises from the employee after 6 months of his continuous work with this employer. According to Part 1 of Art. 123 of the Labor Code of the Russian Federation, the priority of granting paid vacations is determined annually in accordance with vacation schedule, approved by the employer, taking into account the opinion of the elected trade union body of this organization. Part 2 of Art. 123 of the Labor Code established that the vacation schedule is mandatory for both the employer and the employee. The employee must be notified of the start time of the vacation against signature no later than 2 weeks before the start. If the employee wants to break the vacation time into parts, this can be done by mutual agreement with the employer. In this case, one of the parts of the vacation must be at least 14 days.
Failure to provide annual paid leave for 2 consecutive years, as well as failure to provide annual paid leave to employees under the age of 18 and employees engaged in work with harmful and (or) hazardous working conditions is prohibited (part 7 of article 124
Labor Code of the Russian Federation).
All vacations are divided into main (regular) and additional annual vacations. Other types of vacations provided for by the Labor Code of the Russian Federation are not a time of rest and have a different purpose. These include: unpaid leave (Articles 128, 263 of the Labor Code of the Russian Federation); study leave for employees who combine work with training (Art. 173-177 of the Labor Code of the Russian Federation); parental leave (Article 256 of the Labor Code of the Russian Federation) and
dr.
Annual additional paid vacations differ from the main paid vacation in duration, procedure for granting and basis. While the main paid leave is guaranteed to the employee regardless of where he works, then not all employees are granted additional paid leave. This applies primarily to work in certain specialties,
associated with harmful and (or) hazardous working conditions, special nature of work, irregular working hours (Article 116 of the Labor Code of the Russian Federation). In some cases, the provision of additional paid vacations is intended to stimulate long-term work in a particular area, i.e. for a long work experience. The duration of paid annual leave depends on the basis for granting them.
In accordance with Art. 118 of the Labor Code of the Russian Federation, annual additional paid leave for the special nature of work is granted to certain categories of workers whose work is associated with the peculiarities of the performance of the labor function, as well as the place of its performance. So, in connection with the phased introduction of the positions "general practitioner ( family doctor) "And" nurse of a general practitioner (family doctor) "The Government of the Russian Federation decided to establish for this category of doctors and nurses an annual additional paid 3-day leave for continuous work in these positions for over 3 years. Health care workers who are directly involved in the provision of TB care are entitled to additional paid leave of 12 working days.
It is not allowed to substitute monetary compensation for the basic annual paid leave and annual additional paid vacations for pregnant women and employees under the age of 18, as well as for work with harmful and (or) hazardous working conditions (except for the payment of monetary compensation for unused vacation upon dismissal).
In all other cases, when an employee is entitled to an extended vacation of more than 28 calendar days, or when the total duration of the vacation, when summing up the holidays (main and additional), exceeds 28 calendar days, he has the right to receive monetary compensation for a part of the vacation in excess of the specified amount.
The Labor Code provides that upon dismissal, the employee is paid monetary compensation for all unused vacations (Article 127 of the Labor Code of the Russian Federation). The right to vacation or monetary compensation is not limited by the statute of limitations.
For family reasons and other valid reasons the employee, upon his written application, can be provided unpaid leave, the duration of which is determined by agreement of the parties.
Article 99 of the Labor Code of the Russian Federation provides a detailed definition of the concept of "overtime work". Overtime work- this is work performed on the initiative of the employer outside of the working hours established for the employee: daily work (shift), and in the case of summarized accounting of working time - in excess of the normal number of working hours for the accounting period.
There are two groups of grounds for attracting workers to overtime work... The 1st group includes circumstances in which
which the employer may employ employees for overtime work without their consent. This is the production of work in emergency conditions (to prevent natural disasters, catastrophes, industrial accidents or eliminate their consequences, etc.). The second group includes circumstances when the employer must obtain the written consent of the employee in order to attract overtime work. For example, if it is necessary to perform (complete) work begun, which, due to an unforeseen delay, could not be performed (completed) within the allotted working hours, if the failure to do this work may result in damage or loss of property or pose a threat to the life and health of people.
In some cases, it is possible to engage in work on a day off and a non-working holiday with the consent of the employee and taking into account the opinion of the primary trade union organization.
For the first time, the Labor Code of the Russian Federation also established legal norms by which the labor relations of persons working part-time are regulated. These norms are reflected in an independent chapter 44 of the Labor Code of the Russian Federation, which reveals this concept. Part-time job - this is the performance by the employee of other regular paid work on the terms of an employment contract in his free time from his main job (Article 282 of the Labor Code of the Russian Federation). Labor contracts are concluded with part-time workers, therefore labor legislation in those matters that are not regulated by Ch. 44 of the Labor Code of the Russian Federation. These are issues related to the term of the employment contract, labor protection, labor discipline, liability, etc.
For the first time, the legislator described and divided the concepts of combination and combination of professions (positions). Combination work can be both internal and external. The employee has the right to conclude employment contracts for the performance of other regular paid work during his free time from the main job with the same employer ( internal combination) or from another employer - external combination (Article 60.1 of the Labor Code of the Russian Federation).
WITH written consent an employee, he may be entrusted with performing during the established duration of the working day, along with the work specified in the employment contract, additional work for another or the same profession (position) for an additional fee (Article 151 of the Labor Code of the Russian Federation). That is, the legislator has expanded the possibilities of the parties to the employment contract: for an employee, it is an opportunity to receive additional pay for additional work, and for an employer, to ensure uninterrupted work without attracting new employees, which is especially important in health care institutions.
Internal part-time jobs are characterized by the fact that the employee works for the same employer. An employment contract is concluded with the employee, in addition to the main employment contract. The employee also has the right to conclude an employment contract with another employer to work on the terms of external part-time work in another institution. Are these issues devoted to a special decree of the Government of the Russian Federation of April 4, 2003? 197 "On the specifics of part-time work
pedagogical, medical, pharmaceutical workers and cultural workers ".
Thus, medical workers have the right to carry out part-time work (Article 151 of the Labor Code of the Russian Federation), i.e. perform other regular paid work on the terms of an employment contract during free time from the main job at the place of the main job or in other organizations.
The legislator has provided for the following types of combining professions (positions): 1) combining professions; 2) combination of positions; 3) expansion of the service area; 4) an increase in the volume of work performed; 5) fulfillment of the duties of a temporarily absent employee.
Combining professions - this is the performance by the employee, along with his main job, due to the employment contract, additional work in another profession. Combining positions- performance by the employee of additional work in another position. Under the expansion of the service area and an increase in the volume of work performed means the performance of an additional amount of work in the same profession or position. Under performing the duties of a temporarily absent employee, without being released from their main job, they understand the replacement of an employee who cannot perform his job duties due to illness, vacation, business trip or other temporary reasons, provided that his job is retained. The combination of professions (positions) can only take place with the consent of the employee.
Medical law: educational complex for universities / Sergeev Yu.D. - 2008 .-- 784 p.
There is no production in the pharmacy (medicines are not manufactured, everything is purchased). Now the pharmacy manager has a working week of 39 hours. In 2015, a special assessment of working conditions at the workplace was carried out this employee, according to the results of which they were assigned the 2nd class (permissible).
Does the head of the pharmacy have the right to a shorter working day and a working week of 36 hours, to additional leave for harmful working conditions in the amount of 12 working days? What should be the basis for this?
Having considered the issue, we came to the following conclusion:
The pharmacy manager must have a 40-hour working week. The law does not provide for the provision of additional annual paid leave in connection with work precisely in the position of "head of the pharmacy".
Since the results special assessment working conditions at the employee's workplace, working conditions are acceptable (2nd class), the employee does not have the right to guarantees and compensation provided for work with harmful working conditions (in particular, reduced working hours and additional vacation).
JUSTIFICATION FOR CONCLUSION:
By virtue of part 2 of Art. 91 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), normal working hours cannot exceed 40 hours. in Week. For some categories of workers, reduced working hours are established. Thus, a shortened 39-hour working week has been established for medical workers (part 1 of article 350 of the Labor Code of the Russian Federation). However, for pharmaceutical workers, the provisions of Art. 350 of the Labor Code of the Russian Federation do not apply.
The legislation also does not contain provisions granting the right to an additional annual paid leave in connection with work precisely in the position of “head of the pharmacy”.
Thus, work in this position in itself does not entitle the employee to a shorter working time and additional leave.
In this regard, we note that the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, approved by the decree of the USSR State Committee of Labor and the Presidium of the All-Union Central Council of Trade Unions of 25.10.74 No. 298 / P-22 ( hereinafter - the List), a 36-hour working week and an annual paid additional leave of 12 working days are provided for the head of the pharmacy of a medical and prophylactic institution.
At the same time, the provisions of the List can be applied only to the extent that they do not contradict the Labor Code of the Russian Federation (Article 423 of the Labor Code of the Russian Federation).
According to the Labor Code of the Russian Federation, the shortened working time is no more than 36 hours. per week is provided for workers whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as harmful working conditions of the 3rd or 4th degree or hazardous working conditions (part 1 of Art.92 of the Labor Code of the Russian Federation), and the provision of an additional annual paid leave - to employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 2nd, 3rd or 4th degree or hazardous working conditions (Article 117 of the Labor Code of the Russian Federation).
In accordance with part 1 of Art. 219 of the Labor Code of the Russian Federation, each employee has the right to guarantees and compensation for work with harmful and (or) hazardous working conditions established in accordance with the Labor Code of the Russian Federation, a collective agreement, an agreement, a local normative act, an employment contract if he is employed in work with harmful and (or) hazardous working conditions.
To establish the guarantees and compensations for workers provided for by the Labor Code of the Russian Federation for work in harmful and dangerous conditions The results of a special assessment of working conditions or the results of the certification of workplaces for working conditions carried out before January 1, 2014 are applied - until the expiration of such results (Article 7, Part 4 of Article 27 of the Federal Law of December 28, 2013 No. 426- FZ "On special assessment of working conditions" - hereinafter - Law No. 426-FZ).
In the case of providing at workplaces safe environment labor, confirmed by the results of a special assessment of working conditions or the conclusion of the state examination of working conditions, guarantees and compensation to workers by virtue of Part 4 of Art. 219 of the Labor Code of the Russian Federation are not established.
Thus, by virtue of the current legislation, the basis for providing workers with compensation in connection with work in harmful or hazardous working conditions is specific working conditions at workplaces, determined by the results of a special assessment of working conditions (decision of the Supreme Court of the Russian Federation of October 14, 2014 No.AKPI14-918 , letter of the Ministry of Labor of Russia dated March 21, 2014 No. 15-1 / V-298, clause 12 of the Information of the Ministry of Labor of Russia dated October 29, 2014 "Typical questions and answers on a special assessment of working conditions"), or the results of certification of workplaces for working conditions carried out in accordance with the procedure that was in force before January 1, 2014 (part 4 of article 27 of Law No. 426-FZ).
If, based on the results of certification of workplaces or a special assessment of working conditions, optimal or permissible working conditions related to safe have been established, the provisions of the List cannot be applied as contrary to the legislation of the Russian Federation.
In the above situation, according to the results of a special assessment of working conditions, the working conditions of an employee holding the position of "head of a pharmacy" are recognized as acceptable (2nd grade). Accordingly, the rights to guarantees and compensation provided for in Art. 92 of the Labor Code of the Russian Federation, art. 117 of the Labor Code of the Russian Federation for work with harmful conditions, such an employee does not.
Thus, in the given situation, the duration of the working week of the head of the pharmacy should be 40 hours; the law does not provide for the provision of additional annual paid leave in connection with work in this particular position. The inclusion of a position on the List is not a basis for establishing such guarantees and compensations for employees.
Representatives of Rostrud ( Informational portal Rostruda "Online Inspection.RF", September 2015).
Expert of the Legal Consulting Service GARANT
NataliaPanova
The duration of the working week for pharmacists in the pharmacy (dispensing of medicines by prescription and over-the-counter dispensing) was 36 hours per week. In May 2003, the administration increased the work week to 40 hours. In this case, "extra" hours are not considered overwork and are paid in the usual amount. Are the actions of the administration legal?
By general rule Article 91 of the Labor Code of the Russian Federation, the normal duration of working hours cannot exceed 40 hours per week. Reduced working hours for some categories of workers are established by Article 92 of the Labor Code of the Russian Federation. In addition, in accordance with this norm, reduced working hours for other categories (pedagogical, medical and other) workers may be established by federal law.
As for medical workers, Article 350 of the Labor Code of the Russian Federation introduces a reduced working time for them - no more than 39 hours per week. Depending on the position and (or) specialty, the duration of the working time of medical workers is determined by the Government of the Russian Federation (see Decree of the Government of the Russian Federation of February 14, 2003 N 101 "On the duration of the working time of medical workers, depending on their position and (or) specialty").
At the same time current legislature distinguishes between medical and pharmaceutical workers, as well as the concepts of medical and pharmaceutical activities (Article 282 of the Labor Code of the Russian Federation, Fundamentals of the legislation of the Russian Federation on protecting the health of citizens of 07.22.93 N 5487-1, Federal Law of 08.08.2001 N 128-FZ "On licensing certain types of activity ", etc.).
Medical activities include the implementation of medical work and services for the provision of pre-medical, emergency and emergency, outpatient, outpatient, sanatorium, inpatient (including expensive specialized) medical care in the relevant medical specialties, including the implementation of preventive medical, diagnostic and therapeutic measures and medical examinations, the use of traditional medicine methods, as well as the procurement of organs and tissues for medical purposes (clause 3 of the Regulation on licensing medical activity, approved Decree of the Government of the Russian Federation of 04.07.2002 N 499).
Pharmaceutical activities are carried out by organizations wholesale trade medicines and pharmacies and includes wholesale and retail trade medicines, as well as their manufacture (clause 2 of the Regulation on licensing of pharmaceutical activities, approved by the RF Government decree of 01.07.2002 N 489).
According to clause 4 of the Unified Nomenclature of State and municipal institutions healthcare (Appendix to the Order of the Ministry of Health of the Russian Federation of 03.06.2003 N 229), the system of healthcare institutions also includes pharmacies (pharmacies). The specific names of the positions of pharmaceutical workers are contained in Appendix No. 3 to the Order of the Ministry of Health of the Russian Federation of April 24, 2003 No. 160.
Analysis of the legislation allows us to conclude that there are two categories of workers in health care institutions - medical and pharmaceutical. The foregoing means that the norm of Article 350 of the Labor Code of the Russian Federation and the above-mentioned Resolution of the Government of the Russian Federation of February 14, 2003 N 101 cannot be applied to pharmaceutical workers.
Thus, it is the employer's obligation to reduce normal working hours pharmaceutical workers the legislation is not provided. They are subject to the general 40-hour workweek.
However, this does not mean that the employer's actions to unilaterally increase the working time from 36 to 40 hours per week are legitimate.
The fact is that, according to Part 1 of Article 91 of the Labor Code of the Russian Federation, working time is understood as the time during which the employee, in accordance with the Internal Labor Regulations of the organization (hereinafter referred to as the PVTP) and the terms of the employment contract, must perform labor duties. PVTR (Articles 189-190 of the Labor Code of the Russian Federation) are a local normative act of the organization, regulating, in accordance with the Labor Code of the Russian Federation and other federal laws, including the mode of operation in this organization. PVTP are approved by the employer, taking into account the opinion of the representative body of the organization's employees (according to the rules of Article 372 of the Labor Code of the Russian Federation) and are usually an annex to the collective agreement.
Consequently, the mode of work (mode of work) in the organization as one of the objects of regulation of the PVTP can be changed only in the order of their approval, that is, if the employer observes the procedure for taking into account the opinion of the representative body of the employees of the organization. In addition, if the working regime of a particular pharmacist worker differs from the general rules established in the organization, it (regime) also acts as one of the essential conditions of the employment contract with this employee (Article 57 of the Labor Code of the Russian Federation), which can only be changed with written consent. employee (see Articles 60, 72 of the Labor Code of the Russian Federation, as well as clause 16 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2).
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