Working hours and rest time of employees: reference for the personnel officer. Regulations on the peculiarities of the regime of working hours and rest time of certain categories of employees of the federal state enterprise "departmental security of railway transport ro

Article 102 of the Labor Code establishes that when working in flexible working hours, the beginning, end or total length of the working day (shift) is determined by agreement of the parties. At the same time, by agreement of the parties, it is precisely the regime of flexible working hours that can be established, and the definition of the start, end and duration of work on each working day can be given to the discretion of the employee. This feature of the flexible working time regime is reflected in the Recommendations on the use of flexible working time regimes at enterprises, institutions and organizations of the national economy, approved by the Decree of the USSR State Labor Committee and the Secretariat of the All-Union Central Council of Trade Unions.
These Recommendations define flexible working hours as a form of labor organization in which for individual workers or teams structural divisions organization is allowed (within certain limits) self-regulation of the beginning, end and total duration working day. In this case, full development of the established accounting period is required - a working day, week, month, etc.
The flexible working hours regime is used when, for some reason, it is not advisable to use the usual (normal) work schedule due to its inefficiency or for other reasons, in particular due to the special nature of work.
For individual employees of some industries, the use of flexible working hours is provided for by special regulatory legal acts. For example, the Regulations on the peculiarities of the working hours and rest time of communications workers with a special nature of work establish that the flexible working hours are applied in those jobs where this is necessary due to the special nature of work, and also where the intensity of labor is not the same. The said Order also approved the List of categories of communication workers for whom flexible working hours can be established.
The flexible working time regime can be established at the time of employment and subsequently, for a certain period and without time limit. The work schedule is established either by agreement of the parties to the employment contract, or (if such a regime is introduced for a certain group of employees) - by a local normative act.
There are no restrictions on the use of such a regime; it can be introduced for any categories of workers, in any industries, with any organization of labor. The criteria are only convenience and expediency of its use.
Establishing a flexible schedule does not entail changes in pay and other working conditions. The employer is obliged to ensure accurate records of the time worked by each employee working in flexible working hours.

The employer is obliged to organize the rest time of employees in accordance with the regulations current legislation. Find out how to make the rest regime of employees rational, what are the features of the regime of working hours and rest time certain categories employees (in particular, teachers and drivers) in 2016 must be taken into account when drawing up schedules and schedules, how the rest time of employees differs from the time allotted for the performance of a direct labor function.

From this article you will learn:

  • how to make the rest regime of employees rational;
  • what features of the working hours and rest periods of certain categories of workers must be taken into account when drawing up schedules and timetables;
  • how the rest time of employees differs from the time allotted for the performance of a direct labor function.

The regime of work and rest of employees established by the employer should provide for both work time allotted for the direct performance of the labor function, and rest time. Rational organization workflow with a convenient alternation of periods of work and rest has a positive effect on labor productivity, since it shifts the moment when the employee becomes fatigued (especially when performing monotonous tasks), and avoids overload.

When developing rules for internal work schedule and other local regulations governing the rest time regime for employees in 2016, it is necessary to take into account the requirements of the Labor Code of the Russian Federation: it obliges all employers to provide staff with a sufficient amount of time for a good rest (Article 106 of the Labor Code of the Russian Federation). The types of rest time are listed in Article 107 of the Labor Code of the Russian Federation and are presented:

  • breaks during the working day (shift);
  • non-working public holidays;
  • daily (between shifts) rest;
  • days off (weekly uninterrupted rest);
  • holidays.

Creating optimal working conditions in the workplace is beneficial, first of all, to the employer himself. In order for the performance of the staff to decrease as little as possible by the end of the day, it is necessary to correctly distribute rest periods and break the shift into regulated breaks. It is important that the start time of the break coincides with the end of the period of high stable performance (for this, general properties human physiology and features of a specific labor function performed by an employee).

Rest regime for employees

In any production, the rest regime of employees in 2016 involves regulated breaks during the working day, depending on the purpose, included or not included in working hours. First of all, this is a break for rest and food, which should last at least 30 minutes and no more than two hours. This break is not included in working hours. At the same time, the specific time for providing such a break is fixed at the local level - by a labor or collective agreement, internal labor regulations.

As a rule, employers try to set a lunch break taking into account objective factors - the degree of labor intensity, the characteristics of the human psyche and physiology, the duration of the shift (working day). Therefore, in most cases, the beginning of lunch falls on the third or fourth hour. continuous work when the staff already begins to experience fatigue and overall performance decreases. On the continuous production where it is not possible to provide some workers with a full break, conditions are created for meals at the workplace, but in this case, the time spent on lunch is considered working and paid accordingly.

In addition to lunch, there are also special breaks, the provision of which is due to the peculiarities of the organization of labor and technological processes at a particular enterprise. Employees who are forced to work in unheated premises or in the open air are entitled to breaks for rest and heating during the cold season. Many organizations also provide separate breaks for industrial gymnastics (including when working at a computer) and preventive measures included in working hours. The specific procedure for their provision and duration are established by the employer.

As for the weekly uninterrupted rest (weekends), it must be at least 42 hours in a row (Article 110 of the Labor Code of the Russian Federation). Engagement of employees official duties on weekends and non-working holidays it is paid at a separate rate and is not always possible (for example, it is prohibited by law to involve pregnant women and minors in work during the weekly uninterrupted rest period). The longest of the periods of rest provided for by the Labor Code is annual paid leave, the duration of which is 28 days or more. Leave must be granted to an employee while retaining his place of work (position) and average earnings (Article 114 of the Labor Code of the Russian Federation).

The expert tells

Rest time for employees

Rest time is a period that each employee can use at his own discretion, since he is completely exempt from performing job duties. Therefore, during a regulated break for rest and meals, which is not included in working hours, employees have the right to leave the territory of the organization and engage in personal affairs. Scheduled breaks help maintain high productivity, unlike occasional downtime, which is not considered rest.

Established for some posts such exceptions?

Features of the regime of working hours and rest time of certain categories of workers

The internal labor regulations establish a general mode of work for all employees. But one should take into account the fact that labor legislation provides for the peculiarities of the regime of working hours and rest time for certain categories of workers. These include both socially unprotected categories of the population (pregnant women, persons with family responsibilities, the disabled) and specialists whose work is of a special nature - for example, teachers, drivers, communications workers. According to the Decree of the Government of the Russian Federation of December 10, 2002 No. 877 “On the peculiarities of the regime of working hours and rest time for certain categories of workers with a special nature of work”, the details of the regime of work and rest in this case are determined federal authorities executive power in coordination with the Ministry of Health and Social Development of the Russian Federation.

The work and rest of teachers in 2016 is regulated by the order of the Ministry of Education and Science of the Russian Federation of March 27, 2006 No. 69, which provides for a special mode of work during vacation time. The document also establishes the procedure for applying measures to prevent irrational expenditure of teachers' working time when scheduling classes (to avoid unscheduled breaks not related to rest and eating).

The work and rest of drivers in 2016 is regulated by the provisions of Chapter 51 of the Labor Code of the Russian Federation and orders of the Ministry of Transport of the Russian Federation. According to current labor legislation, the time of special breaks for drivers to rest from driving is considered working, as well as the time allotted for pre-trip medical examinations and preparatory work, parking at unloading and loading points, car or bus maintenance during the flight.

The general rule limits the time of continuous driving during one shift to nine hours (in difficult conditions, for example, in mountainous areas - eight hours). The time worked is recorded in a cumulative manner, and starting from three hours of continuous driving and then every two hours, the driver is given a rest break of at least 15 minutes. To keep accurate records of the time of work and rest of drivers allows the installation of a tachograph - a special device that automatically controls the speed and time of movement of the vehicle. The employer is responsible for training employees in the rules for using the tachograph.

ST 100 of the Labor Code of the Russian Federation

The working time regime should provide for the duration of the working week (five days with two days off, six days with one day off, work week with the provision of days off on a staggered schedule, part-time work week), work with irregular working hours for certain categories of employees, the duration of daily work (shifts), including part-time work (shifts), start and end times, work breaks , the number of shifts per day, the alternation of working and non-working days, which are established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, and for employees whose working hours differ from general rules established by this employer - by an employment contract.

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

Commentary on Art. 100 of the Labor Code of the Russian Federation

1. Working time regime (labor regime) is understood as the distribution of work during a certain calendar period. Working hours are established by the internal labor regulations. When establishing it, the requirements of the law regarding normal and reduced working hours, limiting the duration of shifts for certain categories of workers, reducing the duration of work at night and on the eve of non-working holidays and weekends (Articles 91, 92, 94 - 96 of the Labor Code of the Russian Federation) must be observed ).

2. Labor Code provides for the possibility of establishing various types of working weeks in organizations that differ from each other in the number of working days and the order in which days off are granted: a five-day working week with two days off, a six-day working week with one day off, a working week with the provision of days off according to a rolling schedule, part-time working week . For the rules for granting days off for each type of working week, see Art. 111 of the Labor Code of the Russian Federation and commentary to it.

3. When working in shifts, the working hours should determine the number of shifts per day, the alternation of working and non-working days. Work can be organized in one, two, three or four shifts (see article 103 of the Labor Code of the Russian Federation and commentary on it).

4. The duration of daily work (shift), as well as other elements of the working time regime, is regulated by the internal labor regulations, and the maximum duration of daily work is not established by law (the exception is the duration of the shift for workers with a reduced working day (see Article 94 of the Labor Code of the Russian Federation). and commentary on it.

The mode of working hours may provide for the division of the working day into parts, the summarized accounting of working hours; it is possible to apply the flexible working time regime (see art. art. 102, 104, 105 of the Labor Code of the Russian Federation and commentary to them).

5. Working hours may be the same for all employees of the organization or different for employees of individual units.

Since the working hours for individual employees may differ from the general rules established by this employer (part-time work, part-time work, remote work etc.), the Labor Code of the Russian Federation specifically stipulates that in these cases the working hours are established by the employment contract. The working time regime established for an employee by an employment contract should not worsen his working conditions in comparison with established by law or collective agreement.

The mode of working time and rest time can be changed in the same order in which it was introduced.

6. On the regime of irregular working hours for certain categories of workers, see Art. 101 of the Labor Code of the Russian Federation and commentary to it.

7. It is necessary to distinguish between the working hours of employees and the mode of operation of the organization. An organization, for example, may work around the clock, and workers are employed at work in shifts.

8. Features of the working hours, established in accordance with part 2 of the commented article, apply to employees transport organizations, communications organizations, emergency services and some others. The procedure for determining the features of the working hours and rest periods for employees with a special nature of work was approved by Decree of the Government of the Russian Federation of December 10, 2002 N 877.

Specific features of the regime of working hours and rest time are established, in particular, for communications workers with a special nature of work (Regulation on the features of the regime of working hours and rest time of communications workers with a special nature of work, approved by Order of the Ministry of Communications and Informatization of the Russian Federation of 8 September 2003 N 112); employees of operational production organizations of Roshydromet, their structural divisions with a special nature of work Federal Service of Russia on hydrometeorology and monitoring environment dated December 30, 2003 N 272); employees of organizations engaged in the extraction of precious metals and precious stones from alluvial and ore deposits (Regulations on the peculiarities of the regime of working hours and rest time, approved by Order of the Ministry of Finance of the Russian Federation of April 2, 2003 N 29n); specialists in maintenance and repair aircraft in civil aviation (Regulations on the peculiarities of the working hours and rest time of specialists in the maintenance and repair of aircraft in civil aviation, approved by Order of the Ministry of Transport of the Russian Federation of July 7, 2011 N 181).

On the peculiarities of the working hours of workers whose work is directly related to the movement Vehicle, see Art. 329 of the Labor Code of the Russian Federation and commentary to it.

Features of working hours and accounting of working hours in the implementation medical workers medical organizations duty at home, see art. 350 of the Labor Code of the Russian Federation and commentary to it.

The mode of working time and rest time of a remote worker is provided for by the employment contract. If it is not provided for in the employment contract, then it is established at the discretion of the employee (see Article 312.4 of the Labor Code of the Russian Federation).

Features of the working hours of athletes, coaches, attracting them to overtime work work at night, on weekends and non-working holidays regulated by Art. 348.1 of the Labor Code of the Russian Federation, and persons working in religious organizations - Art. 345 of the Labor Code of the Russian Federation.

Establish that the features of the regime of working hours and rest periods of certain categories of workers with a special nature of work are determined by the relevant federal executive authorities in agreement with the Ministry of Labor and social protection of the Russian Federation and the Ministry of Health of the Russian Federation, and in the absence of an appropriate federal executive body - the Ministry of Labor and Social Protection of the Russian Federation.

Judicial practice and legislation - Decree of the Government of the Russian Federation of December 10, 2002 N 877 (as amended on September 4, 2012) "On the peculiarities of the working hours and rest periods of certain categories of workers with a special nature of work"

3.2.3.1. The regulation of work and rest of employees of organizations engaged in the extraction of precious stones from alluvial and ore deposits in uninhabited, remote areas or areas with special natural and climatic conditions is carried out in accordance with Art. 100 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation of December 10, 2002 N 877 "On the peculiarities of the working hours and rest periods of certain categories of workers with a special nature of work", as well as the Regulations "On the peculiarities of the working hours and rest periods of employees of organizations engaged in mining precious metals and precious stones from alluvial and ore deposits", approved by order of the Ministry of Finance of the Russian Federation dated 02.04.2003 N 29n.


The working time regime should provide for the duration of the working week (five-day with two days off, six days with one day off, working week with the provision of days off on a rotating schedule, part-time work), work with irregular working hours for certain categories of workers, the duration of daily work ( shifts), including part-time work (shifts), start and end time of work, breaks in work, number of shifts per day, alternation of working and non-working days, which are established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, and for employees whose working hours differ from the general rules established by a given employer - an employment contract.


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




Comments to Art. 100 Labor Code of the Russian Federation


1. For the first time, the concept of "working hours" and its content are disclosed in the Labor Code. It follows from the commented article that the working time regime is the distribution of work time during a specific calendar period (the number of working days per week or other period, the duration and rules for alternating shifts, the start and end time of work, the time and duration of breaks).

The working time consists of the time actually worked during the day, which may be more or less than the duration of work (shift) established for the employee. Working hours also include some other periods within the norm of working hours, when the work was not actually performed, for example, downtime through no fault of the employee, paid breaks during the working day (shift), but the employee is obliged to be in the organization.

2. The working time regime includes both the structure of the working week, and the establishment of part-time work, a split working day, as well as shift schedules, flexible schedules work and shift work.

3. At the level of legislation, the procedure for establishing the labor regime and some of its elements are determined. For individual sectors of the economy, it can be determined at the level of an industry agreement, which can take into account the features and specifics of the work of a particular industry.

4. Specific working hours for categories of employees or an individual employee are established by the employer in local regulations(collective agreement, internal labor regulations, shift schedules) or employment contracts. At the same time, shift schedules are approved by the employer in agreement with the relevant trade union body, taking into account the opinion of the labor collective.

In accordance with Art. 190 of the Labor Code, the internal labor regulations, as a rule, are attached to the collective agreement and are brought to the attention of all employees.

5. The time of the beginning and end of daily work (shift) is provided for by the internal labor regulations and shift schedules, taking into account local characteristics (mode of transport, local institutions). These local acts are consistent with both labor collective and, where necessary, with local authorities.

6. Local acts on the mode of working hours must comply with the norms of working hours enshrined in the Labor Code and other regulatory acts on labor, as well as in sectoral and local acts on labor.

7. Workers alternate shifts evenly. The transition from one shift to another is determined by shift schedules.

In practice, regimes with daily, weekly and summarized accounting of working hours are used. These regimes mean different ways of implementing the norm of working hours established in the legislation during the corresponding accounting period. Each of the modes has specific features and can be used taking into account the type of activity of the organization and the nature of the labor function performed by a particular employee.

The employer is obliged to keep a daily record of the time worked by employees.

8. The commented article states that the working hours should include the regulation of such issues as:

duration of the working week (normal working hours (Article 91 of the Labor Code);

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

types of working week (5-day with 2 days off, 6-day with 1 day off, working week with days off on a staggered schedule - Article 111 of the Labor Code);

list of positions of workers with irregular working hours (Article 101 of the Labor Code);

duration of daily work (shift) (Article 94 of the Labor Code);

the time of breaks in work (breaks for rest and meals) (Article 108 of the Labor Code); special breaks for heating and rest (Article 109 of the Labor Code); breaks for feeding a child (Article 258 of the Labor Code); alternation of working and non-working days (observance of the duration of inter-shift, weekly uninterrupted rest (Articles 107, 110, 111 of the Labor Code) and other modes of operation (part 1 of the commented article).

9. Features of the working hours are determined in the manner established by the Government of the Russian Federation. These are, for example, regulatory legal acts that determine the specifics of working time and rest time for certain categories of employees with a special nature of work, in particular the Regulation on the peculiarities of the working hours and rest time of communications workers with a special nature of work (approved by Order of the Ministry of Communications of Russia dated 8 September 2003 N 112). In practice, various modes of determining working time are used (namely, daily, weekly and summarized), with the help of which the features of the organization's activities are taken into account.

The mode of working time or mode of work determines the order of distribution of the norm of working time, its beginning, end, break in work. By agreement between the employee and the employer, flexible, staggered work schedules may be introduced for certain categories of employees. Sometimes such schedules are introduced taking into account the specifics of the work, collective agreements or internal labor regulations.

The shift method of work is established for workers performing labor function in areas of work remote from the permanent place of residence (for example, oil fields, etc.). A shift is an on-site shift of workers for 2-4 weeks (in accordance with their shift schedules). Watch time includes both working time and rest time.

The shift lasts up to 1 month, then it is replaced by another shift group and rests (also up to 1 month) at the place of residence. For work on a rotational basis an additional payment of 50% or 75% of the tariff rate is made.

A fragmented working day is introduced for some workers who perform a labor function during periods of time determined by the schedule, for example, for city drivers passenger transport and other workers. With such a schedule, the established working hours per day, week, month must be observed.

10. Decree of the Government of the Russian Federation of December 10, 2002 N 877 determined that the features of the working hours and rest periods of certain categories of workers with a special nature of work are determined by the relevant federal executive authorities in agreement with the Ministry of Health and Social Development of Russia.

Regulations on the peculiarities of the regime of working hours and rest time for crew members (civilian personnel) of supply ships of the Armed Forces of the Russian Federation approved. Order of the Ministry of Defense of Russia dated May 16, 2003 N 170.

Regulations on the peculiarities of the regime of working hours and rest time for employees of organizations engaged in the extraction of precious metals and precious stones from alluvial and ore deposits, approved. Order of the Ministry of Finance of Russia dated April 2, 2003 N 29n.

Regulations on working time and rest time for employees of floating ships navy approved Decree of the Ministry of Labor of Russia of February 20, 1996 N 11.

11. Order of the Ministry of Transport of Russia dated May 16, 2003 N 133 approved. Regulations on the peculiarities of the regime of working hours and rest time for employees of the floating composition of inland water transport vessels.

Order of the Ministry of Transport of Russia dated August 20, 2004 N 15 approved. Regulations on the peculiarities of working hours and rest time for car drivers.

In addition, the Orders should also be called:

Ministry of Railways of Russia dated March 5, 2004 N 7 "On approval of the Regulations on the features of the regime of working hours and rest time, working conditions for certain categories of workers railway transport directly related to the movement of trains";

Ministry of Transport of Russia dated January 30, 2004 N 10 "On Approval of the Regulations on the Peculiarities of Working Hours and Rest Time for Employees Carrying out Air Traffic Control of Civil Aviation of the Russian Federation";

Ministry of Transport of Russia dated November 21, 2005 N 139 "On approval of the Regulations on the peculiarities of the regime of working hours and rest time for crew members of civil aviation aircraft of the Russian Federation";

Ministry of Transport of Russia dated October 18, 2005 N 127 "On Approval of the Regulations on the Peculiarities of Working Hours and Rest Time for Tram and Trolleybus Drivers";

Ministry of Transport of Russia dated June 8, 2005 N 63 "On Approval of the Regulations on the Peculiarities of Working Hours and Rest Time for Metro Workers";

Roshydromet dated December 30, 2003 N 272 "On approval of the Regulations on the peculiarities of the regime of working hours and rest time for employees of operational production organizations of Roshydromet, their structural divisions with a special nature of work";

State Committee for Fisheries of Russia dated August 8, 2003 N 271 "On Approval of the Regulations on the Peculiarities of Working Hours and Rest Time for Certain Categories of Fisheries Workers Having a Special Nature of Work";

FSB of Russia dated April 7, 2007 N 161 "On approval of the Regulations on the peculiarities of the regime of working hours and rest time for crew members from among the civilian personnel of border patrol ships, boats";

Ministry of Industry and Energy of Russia dated January 9, 2007 N 1 "On approval of the Regulations on the specifics of regulating the work, work and rest regimes of certain categories of workers of paramilitary emergency rescue units providing emergency rescue services to organizations for the extraction (processing) of coal (oil shale)";

Ministry of Education and Science of Russia dated March 27, 2006 N 69 "On the peculiarities of the regime of working hours and rest time of pedagogical and other employees of educational institutions."

Federal Service for Supervision of Consumer Rights Protection and Human Welfare, Chief State sanitary doctor RF September 19, 2006 approved. Guidelines MP 2.2.7.2129-06 "Modes of work and rest for workers in cold weather in an open area or in unheated premises."

12. One of the types of working hours is duty, which is often found in organizations. The legal act regulating the duty is the Decree of the Secretariat of the All-Union Central Council of Trade Unions of April 2, 1954 N 233 "On duty at enterprises and institutions."

In accordance with the said Decree, the duty of workers and employees at enterprises and institutions after the end of the working day, on weekends and holidays can be introduced in exceptional cases and only in agreement with the factory, factory, local committee. Employees should not be allowed to be on duty more than once a month.

In the case of being called to duty after the end of the working day, the appearance for work for employees with both normalized and non-standardized working hours is postponed on the day of duty to a later time. The duration of duty or work together with duty may not exceed the normal length of the working day.

Duty on weekends and holidays is compensated by the provision of time off for the next 10 days of the same duration as the duty.

 

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