Labor Code of the Russian Federation. Changes in the labor code 40 hours a week

Working hours are important indicator for all specialties. After all, it is she who determines the possibility of accruing overtime and the basis for drawing up a complaint against the employer. Also on this indicator affected by the terms of the employment contract.

Regulations

This provision is regulated by Article 91 of the Labor Code of the Russian Federation, it provides definition of the working day.

According to this provision, work time- this is the period of the day when the employee performs his direct official duties in accordance with the established internal labor regulations and the conditions specified in the employment contract.

It should be noted that this article does not indicate the total duration of labor time.

These indicators are partially reflected in. It defines the maximum duration of a work shift for the specified categories of workers. At the same time, the terms of work for other categories of specialists are not displayed.

The Labor Code of the Russian Federation fixes the provisions for the duration of weekly work. So, in accordance with article 94 of the Labor Code of the Russian Federation, the working time during the week cannot be more than 40 hours, and the rest time should be at least 48 hours.

Normal shift and rest time

It is not displayed in the Labor Code and the norms governing the limiting duration of work time with a shift schedule. Because of this, quite often there are cases when the duration of one shift will be equal to a day. At the same time, such a schedule will not be considered a violation, provided that the weekly number of working hours will not exceed 40.

It is important to note here that the appointment of two daily shifts would be a violation of the law, since the total weekly working time would be 48 hours. If the weekly time exceeds the forty-hour norm, then this should be negotiated separately with each employee. Best Option will appointment of one daily shift and the second sixteen-hour.

From the above written, we can conclude that the standard duration of a work shift is not provided for in labor legislation. At the same time, during her appointment, attention should be paid to the weekly norm of working time.

As a rule, under standard conditions work week employee will be either five-day or six-day.

It is also worth noting that it is also possible to draw up a smaller number of working days, everything will depend on the adopted internal regulations in the organization (in accordance with Article 100 of the Labor Code of the Russian Federation). At the same time, the five-day schedule of the work week is generally considered to be standard.

With a five-day work week in an organization, employees work for 5 days for 8 hours. Human Resources it is assumed that this mode is optimal, because in accordance with scientific research, workers will show maximum productivity. Also, do not forget about the days off, which, as a rule, fall on Saturday and Sunday, which also has a positive effect on their level of rest.

It is worth noting that there may be another distribution of working time when using shift work. In this case, holidays may be floating.

With a part-time work week, an employee can work in an organization even just one day a week - everything will depend on his working time established in the employment contract. So, if a specialist has only 5 working hours a week, then it will be easiest to work them out in one day.

It is important that the employer has the right to independently distribute working hours by day of the working week. It is important that while total hours worked did not exceed 40, and the rest was not less than 48 hours.

Features of calculus

Minors

As noted above, there is no legislative maximum amount working hours per day. However, in accordance with Article 94 of the Labor Code of the Russian Federation, categories of citizens, which will not be able to work more than the established limit. They also regulate the duration of the shift.

Since minors are much more susceptible to the influence of external factors on their body and psyche, the legislation in Article 94 of the Labor Code of the Russian Federation assigned them reduced time labor day (they also provide for a reduction in weekly labor in article 92 of the Labor Code of the Russian Federation).

Workers aged between 15 and 16 are not allowed to work more than 5 hours per day (shift). For the age group from 16 to 18 years, the law provides for the length of the working day at 7:00.

It is worth noting that for minors who work at the same time as studying at school or college, a shorter working day is established. It is equal to 2.5 hours for the age group from 14 to 16 years. For minors from 16 to 18 years old - 4 hours.

Disabled

In accordance with Article 94 of the Labor Code of the Russian Federation, it is forbidden for disabled people to work more than the established daily norm, but this provision does not reflect the norm itself.

This nuance lies in the fact that each disease is individual, as a result of which one disabled person can work without restrictions, while the other cannot.

According to the law, a disabled person before his employment must go to the hospital, which must issue a conclusion in accordance with the Order of the Ministry of Health and Social Development of Russia No. 441n.

This document should display an assessment of the state of health of a disabled person after his examination. In addition, the conclusion must include contraindications to certain working conditions.

In accordance with the foregoing, it is the doctor who determines, based on the results of the examination, the duration of the working day of a disabled person, he can also prohibit him from working.

Workers in hazardous and hazardous industries

For workers in areas related to harmful and hazardous conditions labor, article 94 of the Labor Code of the Russian Federation establishes restrictions on maximum daily working hours. At the same time, it is necessary for the employer to determine, with the help of a special commission, the degree of harmfulness of working conditions.

After that, in accordance with Article 92 of the Labor Code of the Russian Federation, it will be adopted work hours per week. It equals 36. It is also worth noting that the employer can set a smaller number of hours, for example, 30.

For those who work 36 hours a week, the maximum hours worked per day should not exceed 8 hours. For employees who work 30 hours a week, the daily workload should be no more than 6 hours. However, the law leaves the possibility for the employer, when concluding an additional agreement with workers, to increase daily working hours to 8 or 12.

Before weekends or holidays

In accordance with article 95 of the Labor Code of the Russian Federation, the total daily working hours must be reduced by one hour. It also contains exceptions.

For example, if work in an organization must be continuous, then the absence of a shortened day for employees can be compensated financially.

If the company has adopted a five-day working week, then the working time before the holidays should not be more than five hours.

In nighttime

If an employee works at the enterprise at night, then his set number of working hours will be reduced by one hour. Only those specialists who were hired to carry out official duties at night fall under the exception.

Other

Also, the length of the working day is set for:

1. Citizens who work part-time (maximum 4 hours a day).
2. Ship workers - 8 hours during the five-day system.
3. The women who make up the ship's crew during voyages in the Arctic Ocean (7.2 hours).
4. Persons aged 17 to 18 working on ships - 7.2 hours.
5. Drivers with a five-day work week - 8 hours, with a six-day work week - 7 hours.

part-time work

The impact of working hours on the health and performance of an employee is presented in this lecture.

text of the code as of October 2009

Labor Code of the Republic of Belarus

Deductions from wages can be made only in cases provided for by law.

Deductions from the wages of employees to pay off their debts to the employer may be made by order of the employer:

1) to return the advance paid on account of wages; to recover amounts overpaid due to accounting errors; to pay off the unspent and not returned in a timely manner advance payment issued for business trip or transfer to another locality, for economic needs, if the employee does not dispute the grounds and amount of deduction. In these cases, the tenant has the right to make a deduction order no later than one month from the date of expiration of the period established for the return of the advance, repayment of the debt, or from the date of the incorrectly calculated payment;

2) upon dismissal of an employee before the end of the working year for which he has already received labor leave for unworked vacation days. Deductions for these days are not made if the employee is dismissed on the grounds specified in paragraphs 1, 2, 4 and 5 of Article 35, paragraphs 1, 2 and 6 of Article 42, paragraphs 1, 2 and 6 of Article 44 of this Code, on own will in connection with the transfer to training or retirement, and also if, upon dismissal, the employee does not accrue any payments, or if the employer, having the right to do so, did not make deductions when paying the calculation or withheld only part of the employee's debt;

3) upon compensation for damage caused through the fault of the employee to the employer, in an amount not exceeding his average monthly earnings (Part one of Article 408).

Wages overpaid to an employee by an employer, including in the event of incorrect application of the law, cannot be recovered from him, except in cases of a counting error.

The employer, in cases provided for by law, is obliged to make deductions from the employee's salary at his written request for non-cash payments.

Article 108. Limitation of the amount of deductions from wages

With each payment of wages, the total amount of all deductions cannot exceed 20 percent, and in cases provided for by law, 50 percent of the wages due to be paid to the employee.

When deducting from wages under several executive documents, at least 50 percent of earnings must be retained by the employee.

The restrictions established by the first and second parts of this article do not apply to deductions from wages when collecting alimony for minor children and expenses spent by the state on the maintenance of children who are state support. However, the employee must be kept at least 30 percent of earnings.

Deductions from the amounts of severance pay, compensation and other payments provided for by law, which, according to law, are not foreclosed, are not allowed.

The length of working time is recognized as normal if it is equal to the full (Article 112) or reduced (Articles 113 and 114) norm established in accordance with this chapter.

The full norm of working hours cannot exceed 40 hours per week.

For workers employed in work with harmful and (or) dangerous working conditions, a reduced working time is established - no more than 35 hours per week.

For workers under eighteen years of age, reduced working hours are established: at the age of fourteen to sixteen years - no more than 23 hours a week, from sixteen to eighteen years - no more than 35 hours a week.

The duration of daily work (shift) is determined by the internal labor regulations or the schedule of work (shift) in compliance with the norm of the length of the working week established by the employer in accordance with Articles 112-114 of this Code.

The duration of daily work (shift) cannot exceed:

1) for employees aged fourteen to sixteen years - 4 hours 36 minutes, from sixteen to eighteen years - seven hours;

2) for students educational institutions and institutions providing vocational education, operating during school year in free time from study, at the age of fourteen to sixteen years - 2 hours 18 minutes, at the age of sixteen to eighteen years - 3 hours 30 minutes;

3) for disabled people of groups I and II - seven hours;

4) for those working on the territory of radioactive contamination in the evacuation (exclusion) zone, including those temporarily sent or seconded to these zones - six hours.

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

1) with a 35-hour working week - seven hours;

2) with a 30-hour or less working week - six hours.

Article 116. Duration of work on a working day immediately preceding a public holiday

The duration of work on a working day immediately preceding a public holiday or public holiday (paragraph one of Article 147) is reduced by one hour.

If, under the conditions of production, the reduction in the duration of work provided for in paragraph 1 of this article is impossible, processing is compensated by agreement of the parties by providing extra day rest, paid in a single amount, in proportion to the accumulation of these hours or their increased payment in the amount established for the payment of overtime work (paragraph one of Article 69).

Article 117. Work at night

Night time is considered from 22:00 to 06:00.

When working at night, the established duration of work (shift) is reduced by one hour with a corresponding reduction in the working week.

This rule does not apply to employees for whom a reduction in working hours is already provided for (Articles 113 and 114), as well as when such a reduction is impossible due to the conditions of production, including in continuous production, or if the employee is hired to perform work only at night.

To work at night, even if it falls on part of the working day or shift, are not allowed:

1) pregnant women;

3) employees under eighteen years of age.

Persons with disabilities, provided that such work is not prohibited to them on the basis of a medical opinion, as well as women with children under the age of three, may be involved in night work only with their written consent.

1) on the initiative of the employee himself without an offer, order or with the knowledge of the employer;

2) employees with part-time work within the full working day (shift);

3) part-time employees of the same employer in the performance of another function, as well as of another employer in excess of the time of the main work;

Article 120. Restriction of overtime work

Involvement in overtime work is allowed only with the consent of the employee, with the exception of cases provided for in Article 121 of this Code, as well as a collective agreement, agreement.

Overtime work is not allowed:

1) pregnant women;

2) women with children under the age of three;

3) employees under eighteen years of age;

4) employees studying in evening (shift) general educational institutions and institutions providing vocational education on the days of classes;

5) exempted from overtime work in accordance with a medical report;

Women with children aged three to fourteen years (disabled children up to eighteen years of age) and disabled people can be involved in overtime work only with their consent, and disabled people only if such work is not prohibited to them in accordance with a medical report .

Article 121. Exceptional cases when overtime work is allowed without the consent of the employee

Overtime work without the consent of the employee is allowed only in the following exceptional cases:

1) when performing work to prevent a catastrophe, an industrial accident, immediately eliminate their consequences or the consequences of a natural disaster, prevent accidents, provide emergency medical care healthcare workers;

2) when performing socially necessary work on water supply, gas supply, heating, lighting, sewerage, transport, communications - to eliminate accidental or unexpected circumstances that disrupt their proper functioning.

Normal hours of work may not exceed

The study of this topic should begin with questions general characteristics working time

The labor activity of people, with all its diversity, is measured by the amount of labor expended. Working time acts as such a measure of costs, resources, and the effectiveness of the process of "living labor". As a measure of “living labor”, it is inherent in any labor, regardless of its form, individuality, etc., which allows the concept of working time to be used not only in labor law, but also in economics, sociology, physiology and psychology of labor, and other fields of knowledge.

It is necessary to understand the concept of working time and identify its distinctive features.

Legal regulation of working hours is of great importance. During working time, material and spiritual values ​​are created - the basis of the well-being of the whole society and its individual members. This time involves working out by each employee of the measure of labor established for him in his own interests, the interests of the employer and society as a whole. In addition, the length of working time predetermines the length of rest time that the employee has after work and which he can use at his own discretion.

According to labor law, it is customary to define working time as the time during which an employee, in accordance with the law or on its basis (rules of internal labor regulations, shift schedules, terms of an employment contract), must perform his labor duties.

Working time consists of the time actually worked (during the shift) and (in the established cases) the time when work was not performed: downtime through no fault of the employee, paid breaks during the work shift, etc.

Working time is considered to be the time during which the employee, in accordance with labor, collective agreements, internal labor regulations, is obliged to be at the workplace and fulfill his labor duties.

The term "working time" is used in labor legislation in three meanings:

a) as the norm of the duration of work of workers. In this sense, working time is a statutory measure of the duration of work of employees during a certain calendar period. For example, a 40-hour work week;

b) as the time during which the employee must perform the labor function in a particular labor relations. Working time (working time) is determined here by the internal labor regulations of a particular enterprise, institution, organization, as well as (as an exception) by special instructions from the employer about going to work outside the established routine or schedule (overtime work, work on a day off, work on a holiday). day, etc.);

c) as actually worked time, i.e. as the time during which the employee was actually at the workplace at the disposal of the employer. The working hours during which the employee must perform his duties do not always coincide with the hours actually worked. Actual - this is the time actually spent by each individual employee, which determines his specific participation in the labor process and attitude to his duties. It may coincide with the entire working time or with its norm, or it may be less or more than it.

In accordance with the actual hours worked, wages are paid, additional holidays in connection with harmful working conditions, for irregular working hours, etc. Failure during the working day may entail certain legal consequences - the imposition of a penalty and other sanctions if the employee is at fault.

Working time, as a legal category, includes not only the time when the employee actually performed his work, but also all the time when he was at the enterprise, institution, organization subordinate to the employer, although he did not work during this period (for example, during just me).

Working time is also recognized as the time of being late for work, leaving work prematurely, etc., since it is within the boundaries of the established working time. Any other interpretation would deprive the employer of the legal basis for imposing a penalty in the event of absence from work for an unexcused reason or the use of working time for other purposes and through the fault of the employee.

The Constitution of the Republic of Belarus provides for the right to rest. This right is ensured by the establishment of a working week not exceeding 40 hours, a reduced duration of work at night, the provision of annual paid holidays, days of weekly rest (Article 43).

The current labor legislation establishes rest time, its types and fixes the norm of working time as the upper limit of its duration, a measure of labor. This measure acts as a generally established working time of normal duration, which cannot exceed 40 hours per week (Article 43 of the Constitution of the Republic of Belarus, Article 112 of the Labor Code of the Republic of Belarus).

Consequently, the 40-hour working week is regarded as a "ceiling" of working hours, which cannot be exceeded under any circumstances and by any agreements.

Currently, the legislation provides for the following types of working hours:

1) normal working hours;

2) reduced working hours;

3) part-time work;

4) overtime working hours;

5) irregular working hours.

Working time of normal duration acts as a general norm of working time (40-hour working norm), which covers not only the number of working hours, but also days: a 5-day working week (with two days off) and a 6-day working week (with one day off), and applies to all employees for whom the legislation establishes a reduced duration hours of work, whether they are employed as permanent, seasonal or temporary employees of the main or auxiliary industries at state, public or cooperative enterprises, institutions, organizations. Along with this, other types of working time are distinguished: reduced and part-time.

The employee has the right to conclude an employment contract with another employer to work on the terms of an external part-time job.

Work outside normal working hours may not exceed four hours a day and 16 hours a week.

Internal part-time employment is not allowed in cases where a reduced working time is established.

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 to 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 in writing aware of 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.

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work time

LABOR CODE OF THE REPUBLIC OF BELARUS

Article 110. Working time and its regulation

The working time also includes the time of work performed at the suggestion, order or with the knowledge of the employer in excess of the established working hours (overtime work, work on public holidays, holidays and weekends).

Working time is normalized by establishing norms for its duration during a calendar week (working week) and within a day (working day, work shift).

The normalization of the duration of working time is carried out by the employer, taking into account the restrictions established by this Code and the collective agreement.

Article 111. Normal hours of work

If the employer or collective agreement the duration of the working week is not defined, the maximum duration provided for by Articles 112-115 of this Code is considered to be its established norm.

Article 112

Article 113

The total duration of working time, including the time of delivery of workers to the place of work underground and back to its surface, cannot exceed 37 hours 45 minutes per week.

The list of industries, workshops, professions and positions with harmful and (or) dangerous working conditions, work in which gives the right to a reduced working time, is approved by the Government of the Republic of Belarus or an authorized body.

Article 114. Reduced working hours for certain categories of employees

The working hours of students in general educational institutions and institutions providing vocational education, working during the academic year in their free time, may not exceed half of the maximum working hours provided for in part one of this article for persons of the appropriate age.

Disabled persons of groups I and II are provided with a reduced working time of no more than 35 hours per week.

Working hours for those working on the territory of radioactive contamination in the evacuation (exclusion) zone, including those temporarily sent or seconded to these zones, may not exceed 35 hours per week.

Article 115. Rationing the duration of daily work (shift)

According to this norm, this is the period of the day during which the employee performs his immediate job duties in accordance with the established internal labor regulations and the conditions specified in the contract.

The length of the working day according to the Labor Code (2020) is limited only by the upper limit - this is also stated in Art. 91 of the Labor Code of the Russian Federation. The normal duration of work may not exceed 40 hours per week. This rule applies to all employees, regardless of how many days their work week lasts: 5 or 6. And anything in excess of the norm is processing.

Who is entitled to reduced hours of work?

For some categories of workers, the legislation has determined a different duration of labor time - reduced ( Art. 92 Labor Code of the Russian Federation):

• for teenagers under the age of 16 - no more than 24 hours a week;
• for employees aged 16 to 18 - 35 hours per week;
• for disabled people of group I or II - no more than 35 hours a week;
• specialists working in enterprises with harmful and dangerous working conditions are supposed to work no more than 36 hours a week. In this case, it is necessary to take into account the results of the SOUT;
• physicians must work no more than 36 hours a week;
• teachers - no more than 36 hours a week;
• employees working in the regions of the Far North and equivalent areas and in rural areas assigned to work no more than 36 hours a week.

Separate regulatory legal acts other indicators may be established for certain categories of citizens or representatives of certain professions. There are no legal requirements for minimum hours worked.

In what cases the working hours can be reduced

How long an employee should work is indicated in his employment contract. So, by agreement between the parties, it can be issued on part time (Art. 93 of the Labor Code of the Russian Federation). At the same time, the boss is not entitled to refuse the request for the establishment of a reduced working day or a short week for the following categories of workers:

• pregnant employees;
• a parent (guardian, custodian) raising a child under the age of 14 (or a disabled child under the age of 18);
• employees caring for a sick family member (such a need will have to be confirmed by a medical certificate).

At the same time, partial time is set for a convenient working period, but no more than for the period of circumstances. When determining the mode of work time and rest time, the wishes of the employee are taken into account. It is worth knowing that such measures will not affect labor rights citizen, in particular, the length of vacation and length of service. Only for money.

Each boss must keep records of the time worked by employees. For example, an employer may need to find out the average working time during the working day.

The average working day is a parameter that shows how many hours of work per employee per day.

How is it calculated? Average working day - formula:

SP \u003d OKCHChr / KD,

• Spr - the average length of the day;
• OKChChr - the total number of man-hours worked;
• CD - the number of days in the accounting period.

To determine the average for all employees, a different formula is used:

SP \u003d OKCHH / KR,

• SP - average duration;
• OKHCH - the total number of man-hours worked at the enterprise;
• KR - the number of employees.

Working hours of teaching staff

Approves: for teaching staff Reduced working hours are established - no more than 36 hours per week.

The duration of the working time of teachers is determined individually and depends on factors such as:

• position;
• rate of hours per bet;
• the upper limit of the teaching load (2 rates).

Detailed information on the accepted norms for the duration of the working time of teachers is presented in the Order of the Ministry of Education and Science dated December 22, 2014 No. 1601.

Chapter 15 of the Labor Code of the Russian Federation speaks about the duration of the working week and the structure of working time. The length of the working day in the articles of the Labor Code is not defined for all groups of workers. For whom restrictions are introduced - this article will tell.

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Types of age and professional restrictions

Working time is a set of periods of performance by an employee of his duties. In addition to labor itself, this concept includes periods:

• forced downtime associated with objective reasons;
• lunch (for employees who do not have a separate break, and they take food at the workplace);
• heating for those who work outside during the cold season;
• feeding children under 1.5 years old (30 minutes every 3 hours if there is one child, 1 hour if there are two or more).

Working time limits:

If an employee under the age of 18 studies full-time and works during the school year, a work week reduced by half is established for him.

How many hours should it take

In general, it is important that the working week lasts no more than 40 hours. Overtime work, called overtime, is paid at a higher rate.

In addition to the legislatively defined reduction in the time for the performance of duties for minors, the disabled, teachers and workers in hazardous industries, a shortened working week is also required for other groups of workers.

For women

In agreement with the employer, some women can switch to part-time work. Such working conditions must be created upon a written application:

• a pregnant woman upon presentation of a certificate from the antenatal clinic confirming pregnancy;

• parent of a child under 14;
• parent of a minor with a disability;
• employee caring for a sick relative.

It is important to remember that wages are the lower, the less hours worked per week.

In the regions of the Far North and equated to them, women have the right to work 36 hours a week with full pay.

For women with children

Mothers with children under 14 should ask how many hours a working day is according to the Labor Code in 2020. By law, they have the right to reduce working hours if necessary. To exercise this right, it is enough to write a statement to the employer.

Women with children under 3 years of age will only take part in overtime work, business trips or night shifts if they give their written consent.

For women with children, there are three options for switching to reduced working hours:

• reduction of the working day by several hours;
• maintaining the norm of the working day, but reducing the number of working days;
• reduction in the number of daily working hours and days in the working week.

Mothers with children under 1.5 years old are entitled to breaks for feeding the child / children. For an eight-hour working day, the mother of one baby will have 2-3 breaks of 30 minutes each.

The accumulated time, at the request of the employee, can be added to the lunch break or transferred to the beginning or end of the working day. This is full time billing.

With lunch

Allocated lunch breaks are not included in the total working day. If an eight-hour shift is set and an hourly lunch break, the total interval between the beginning and end of the working day will be 9 hours. Of these, 8 - the time of performance of labor duties, another 1 hour - free time.

The exception is when an employee has to eat at the workplace. For example, if shift work does not include a break. Then the duration of the shift includes the time for lunch.

For educator and teacher

For teachers, a 36-hour work week has been introduced. Working hours within one day are not indicated by law.

For educators 12-hour kindergarten a six-day working week with six-hour shifts can be established: from 7.00 to 13.00 and from 13.00 to 19.00. With a five-day week, the shift schedule can be built with a floating duration of working days:

Approximate weekly shift schedule for a kindergarten teacher:

	Tue	Wed	Thu	Fri	Total hours
7 o'clock	7 o'clock	8 o'clock	7 o'clock	7 o'clock	36
6 o'clock	8 o'clock	6 o'clock	8 o'clock	8 o'clock	36

The working time of a school teacher is divided into normalized and non-standardized parts. At the rate, the duration of the normalized part is 18 hours. This is a direct study load, scheduled classes.

Another 18 hours are included in the non-standardized part and are allocated for other work related to the profession of a teacher: checking notebooks, duties of a class teacher, work in methodological associations. During the non-standard time, the teacher is not required to be at school.

Friday and Holidays

There is no provision in the law to reduce working hours on any day of the week. Earlier end of the working day on Friday - rather the result agreements between employees and management.

While maintaining a 40-hour week, it is possible to finish work before the weekend by 1 hour earlier, reducing the lunch break daily by 12 minutes.

On the eve of the holidays, the law prescribes to reduce working hours by 1 hour. If it is not possible to finish the work earlier, compensation in money or rest time is due for processing.

The last day before the holiday in a six-day week cannot be longer than 5 hours.

The nuances of work in the summer

The time by which the length of the day / shift for employees should be reduced if the air temperature is above the norm is presented in table 3.

Norms for reducing working hours in the heat:

Air temperature in the working room	The rate of reduction of labor time per day
28.5⁰С	1 hour
29.0⁰С	2 hours
30.5⁰С	4 hours

The Labor Code of the Russian Federation does not answer unequivocally for everyone how many hours a working day should last, but it sets guidelines for those who have the right to reduce it. Often impossible without a written application from the employee.

To exercise your rights, you must know the content of the law well and be ready to defend your rights.

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 refer 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.

COMMENT 1.

In part 1 of the commented article, the legislative definition of working time is given as 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 Code, other federal laws and other normative legal acts of the Russian Federation refer to working time.

Labor duties of an employee (his labor function is work according to the position in accordance with staffing, professions, specialties indicating qualifications; the specific type of work assigned to the employee) and the duration of their performance (normal working hours during the working day or shift, reduced hours, irregular working hours, etc.) must be determined employment contract and in job description. But the duration of working time should be set not against, but in accordance with the rules of the labor schedule - one of the local regulatory legal acts of the organization.

In the same part of the article, it is established that working time includes not only the time during which the employee must perform labor duties, but also other periods of time provided for by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts.

These periods include:

a) downtime - a temporary suspension of work for reasons of an economic, technological, technical or organizational nature (part 1 of article 74 of the Labor Code of the Russian Federation);

b) breaks for rest and meals at work where, according to the conditions of production, it is impossible to provide a break for rest (part 3 of article 108 of the TKRF);

c) special breaks for heating and rest provided to 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 (Article 109 of the Labor Code of the Russian Federation);

d) additional breaks provided to women for feeding a child (Article 258 of the Labor Code of the Russian Federation), as well as to persons raising a child without a mother (Article 264 of the Labor Code of the Russian Federation).

For rescuers, the time for performing rescue operations under normal conditions, in addition to the time for conducting search and rescue operations for liquidation emergency, includes the time spent on the road from the place of assembly to the scene of the incident, the time for conducting safety briefings, the time for preparing for work at the workplace, etc. professional emergency rescue units for the positions of rescuers, approved.

Decree of the Ministry of Labor of Russia dated 08.06.1998 No. 23).

In accordance with sp. 1.4 Features of the regulation of working hours and rest time of certain categories of workers railway transport and subways directly related to ensuring the safety of train traffic and passenger service, approved. By order of the Ministry of Railways of the USSR of September 18, 1990 No. 8TsZ, the time of acceptance and delivery of locomotives, trains (sections) and wagons by locomotive and train crews, as well as the time for training train crews for a flight, is included in their working hours. 2.

Part 2 of the commented article provides that the normal length of working time in organizations cannot exceed 40 hours per week. Thus, the Code established that employers alone or by agreement with the representative bodies of employees or with the employees themselves cannot exceed this norm.

This provision also indicates that the normal length of the working week, established by the Labor Code of the Russian Federation, is 40 hours and is the norm of working hours for all employees in the Russian Federation, regardless of the organizations of what form of ownership and organizational and legal forms they work and regardless from the duration of the working week established in the organization.

The specific norm of working time in an organization or in an industry is established by a collective agreement or agreement and may be lower than this limit norm (Article 41 of the Labor Code of the Russian Federation). When the total duration of the working week for employees of the entire institution or organization is established by the collective agreement to be less than 40 hours per week, i.e., it is the general norm for employees of this institution or organization, then the reduced working hours for a specific category of workers (Article 92 of the Labor Code of the Russian Federation) are established on the basis of the norm of working hours fixed in the collective agreement. 3.

Part 3 of the commented article states that the employer is obliged to keep records of the time actually worked by each employee.

Recording of working time can be daily (used for equal duration of daily work), weekly (used in cases where the law directly normalizes only the working week, and the duration of daily work is determined by the schedule within the established weekly norm) and summarized (where, according to the conditions of production (work) the daily or weekly working hours established for this category of workers, i.e. accounting based on the results of a longer period of time, cannot be observed.In each of these cases, the time worked by the employee for each working day is taken into account.

Working hours (daily, night work(shift), night work, weekend work or holidays, overtime work, etc.) should be made in the Timesheet and payroll (form T-12) or the Timesheet (form T-13), approved. Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation on the accounting of labor and its payment”, by the method of registering attendance and absenteeism at work, or by registering only deviations (absenteeism, lateness, etc.).

Notes in the Timesheet on the reasons for absenteeism or on part-time work, on work in overtime and other deviations from normal working conditions must be made on the basis of documents drawn up in the prescribed manner (sick leave certificate, certificate of performance of public duties, etc.).

These unified forms primary accounting documents apply to legal entities all forms of ownership, except for budgetary institutions.