Working hours and rest hours according to the labor code. Working hours in non-standard situations Working hours during which the employee

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Main articles of the law

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

The Labor Code of the Russian Federation is the main document by which the relationship between the employer, employee and legal legislation is determined.

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

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

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

Chapter 14 of the Labor Code of the Russian Federation states that the interests and rights of the employee must be taken into account in the performance of his job duties, and personal information is not subject to disclosure to third parties.

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

Employee rights

The rights of the employee and the employer are reflected in the employment contract. Before signing it, you should carefully read this paragraph. Rights are the capabilities of a specialist, not job responsibilities.

The basic rights of the employee include:

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

Important! The employer is obliged to pay personal income tax for the employee, equal to 13%. This is the only deduction from the employee's salary. You cannot reduce the amount by more than thirteen percent.

Ensuring the fundamental rights of employees

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

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

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

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

ATTENTION! Look at the completed sample employment contract:

Additional rights and obligations

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

By agreement with the employee, a complete list of rights and obligations is drawn up. Inclusion in the TD occurs exclusively with the consent of the parties. Changes are recorded by special regulations that are signed by the employer and employee.

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

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

Duties and responsibilities

The duties of an employee are contained in article 21 of the Labor Code of the Russian Federation. They are necessarily reflected in the contract.

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

the employee is obliged to perform the work entrusted to him in accordance with the contract, observe the daily routine and the discipline established at the enterprise;
disregard of safety rules at the enterprise is unacceptable (instruction is carried out by the responsible person directly during hiring);
the employee is obliged to bear material liability, if such is provided for (a special agreement on material liability is concluded, or this moment is reflected in the agreement);
the employee is obliged to properly perform labor obligations in accordance with the TD;
if the enterprise is in danger, there is a risk of accidents at work, the employee is obliged to notify the management of this.

The list of employee responsibilities must include a brief description of the job function. If necessary, a detailed outline is reflected in the employee's job description.

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

individual - the material responsibility of one employee to the employer in relation to the values \u200b\u200bbelonging to the enterprise;
collective - is a type of material responsibility when a team of employees is responsible to the employer for the safety of valuables in proportion or equal volume.

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

Limited liability involves only partial compensation of losses by the employee. Thus, a percentage of the amount of harm caused during the performance of his job duties is deducted from the employee's salary.

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

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

The employee is financially liable to the employer if the following conditions are met:

employee over 18 years old;
the employee holds the position in accordance with the employment contract;
the employee signed a liability agreement, or this fact is reflected in the main agreement.

Having signed an agreement on full liability, the employee is responsible for the safety of property on an equal basis with the employer. Losses are reimbursed in full, in proportion to the fault.

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

If the agreement contains information about which the employee has not been notified, you will have to contact a lawyer for help in protecting his legal rights. Without his help, it will not be possible to prove your case due to weak legal knowledge.

Warranties and obligations

The employer provides the job. He is responsible for providing a workplace, as well as materials for processing. The manager establishes the internal regulations, rates of remuneration. The Labor Code of the Russian Federation stands on the side of protecting the employee.

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

The employee's guarantees are also contained in Federal Law No. 181-FZ "On the Fundamentals of Labor Protection in the Russian Federation" dated 17.07.1999. It underwent the last changes on December 26, 2005.

Important! According to regulatory legal acts, an employee claims to:

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

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

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

If an organization temporarily closes the position occupied by an employee, he is provided with another job with the main salary retained.

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

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

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

If an employee refuses to perform his job duties due to possible harm to health, life to himself and to other employees, the employer has no right to bring him to disciplinary responsibility.

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

The state is called upon to provide the employee with the maximum set of rights. Workers of enterprises have the right to defend their interests in any way that does not contradict the legislation of the Russian Federation, and also to involve third parties in their protection, for example, lawyers.

Watch the video. Employee and employer rights:

Consequences of non-compliance with obligations

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

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

Article 192 of the Labor Code of the Russian Federation provides a complete list of types of punishment for a disciplinary offense.

These include:

a remark made orally by the supervisor;
the reprimand that is entered in the employee's work book;
dismissal under the relevant article of the Labor Code of the Russian Federation.

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

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

Working time 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 time.

According to the provisions of the ILO Convention No. 47 "On the reduction of working hours to forty hours a week" (1935) and Art.

91 of the Labor Code of the Russian Federation, the normal duration of working hours cannot exceed 40 hours per week. This rule applies to all employees, regardless of the form of ownership of the organization. The exceptions are those categories of workers for whom, in order to protect their health, reduced working hours are provided.

Normal working hours are reduced:?

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

5 hours a week - for employees with disabilities of I or 11 groups; ?

4 hours a week - for employees aged 16 to 18; ?

4 hours a week or more - for workers engaged in work with harmful and (or) hazardous working conditions (part 1 of article 92 of the Labor Code of the Russian Federation).

The duration of the working time of students of educational institutions under the age of 18, who work during the academic year in their free time, cannot exceed half of the norms listed above. For other categories of workers (pedagogical, medical and others), reduced working hours may be established by law.

By agreement between the employee and the employer, part-time or part-time work can be established. Such a decision can be made both upon hiring and afterwards. The employer is obliged to establish part-time or part-time work at the request of: 1) a pregnant woman; 2) one of the parents (guardian, trustee) with a child under the age of 14 (a disabled child under the age of 18); 3) a person caring for a sick family member in accordance with a medical report.

The duration of daily work (shift) cannot exceed:?

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

for students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, at the age of 14 to 16 years - 2.5 hours, at the age of 16 to 18 years - 3.5 hours; ?

for disabled people - in accordance with a medical certificate.

For workers engaged in work with harmful and (or) hazardous working conditions, where a reduced duration of working time is established, the maximum permissible duration of daily work (shift) cannot exceed 8 hours with a 36-hour working week, with a 30-hour working week and less - 6 hours.

The duration of a working day or shift immediately preceding a non-working holiday shall be reduced by one hour. On the eve of weekends, the duration of work with a 6-day working week cannot exceed 5 hours. In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on the pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee's consent, by paying according to the norms established for overtime work.

Night time is considered to be from 22:00 to 6:00.

The duration of work (shift) at night is reduced by one hour. The duration of work at night is equal to the duration of work in the daytime, when it is necessary for the working conditions, as well as in shift work with a 6-day working week with one day off. The list of these works can be determined by a collective agreement, local regulations.

Work outside the normal working hours can be performed both on the initiative of the employee (part-time job) and on the initiative of the employer (overtime work). Such work cannot exceed 4 hours a day and 16 hours a week.

Internal part-time jobs are not permitted when a reduced working time is established, except as otherwise provided by law. In some cases, the employer, together with the trade unions, may impose a restriction on part-time work, but only in relation to employees of certain professions and positions with special conditions and working regimes, whose additional work may entail consequences that affect their health or production safety. Part-time work of persons under 18 years of age, as well as pregnant women is not allowed.

Overtime is considered to be work performed by an employee on the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours for the accounting period. Engaging in overtime work is carried out by the employer with the written consent of the employee in the following cases:?

during the performance of work necessary for the defense of the country, as well as to prevent an industrial accident or eliminate the consequences of an industrial accident or natural disaster; ?

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

the need to complete (finish) the work begun, which, due to an unforeseen delay in the technical conditions of production, could not be performed (completed) during the normal number of working hours, which would entail damage or death of the employer's property, state or municipal property, or pose a threat to life and health people; ?

the production of temporary work on the repair and restoration of mechanisms or structures, when their malfunction can cause the termination of work for a significant number of workers; ?

to continue work in the absence of a shift worker, if the work does not allow a break. In such situations, the employer must immediately take action to replace the shift with another employee.

In other cases, engaging in overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected trade union body of this organization.

Rest time is the time during which the employee is free from the performance of labor duties and which he can use at his own discretion (Article 106 of the Labor Code of the Russian Federation). Restrictions have been imposed on work during rest periods, for example, in the form of a ban on replacing vacation with payment of monetary compensation.

Types of rest time: I) breaks during the working day (shift); 2) daily (inter-shift) rest; 3) days off (weekly continuous rest); 4) non-working holidays; 5) holidays.

During the working day (shift), the employee must be given a break for rest and meals lasting no more than two hours and at least 30 minutes. This break is not included during working hours. In jobs where, under the terms of production, it is impossible to provide a break for rest and meals, 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 (Article 108 of the Labor Code of the Russian Federation).

On certain types of work, during working hours, employees are provided, according to the internal labor schedule, with special breaks due to the technology and organization of production and labor. Those working in the open air or in closed unheated rooms in the cold season, as well as loaders engaged in loading and unloading operations, and other workers, if necessary, are provided with special breaks for heating and rest. Such breaks, in contrast to breaks for rest and meals (Article 108 of the Labor Code of the Russian Federation), are included in working hours. The employer is obliged to provide equipment for the premises for heating and rest of the employees.

The duration of a weekly uninterrupted rest cannot be less than 42 hours. Weekends (weekly uninterrupted rest) are provided for all employees. With a five-day working week, employees are given two days off per week, with a six-day working week - one. The general day off is Sunday. The second day off with a five-day working week is established by a collective agreement or the organization's internal labor regulations. As a rule, both days off are provided in a row.

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

On non-working holidays, the following are allowed: I) work, the suspension of which is impossible due to production and technical conditions (continuously operating organizations); 2) work caused by the need to service the population; 3) urgent repair and handling works.

For the purpose of rational use of weekends and non-working holidays by employees, the Government of the Russian Federation has the right to postpone days off to other days.

Work on weekends and non-working holidays is generally prohibited (Article 113 of the Labor Code of the Russian Federation). Employees are involved in work on weekends and non-working holidays with their written consent in the following cases: 1) to prevent an industrial accident, catastrophe, eliminate the consequences of an industrial accident, disaster or natural disaster; 2) to prevent accidents, destruction or damage to property; 3) to perform unforeseen work in advance, on the urgent fulfillment of which the normal work of the organization as a whole or its individual divisions depends on.

Involvement of disabled people, women with children under the age of three years, to work on weekends and non-working holidays is allowed only if such work is not prohibited for them for medical reasons. In this case, disabled people, women with children under the age of three years, must be informed in writing of their right to refuse to work on a weekend or a non-working holiday.

Employees are involved in work on weekends and non-working holidays by written order of the employer.

Based on Art. 114 of the Labor Code of the Russian Federation, employees are provided with annual leaves with preservation of their place of work (position) and average earnings. To acquire the right to vacation, the employee must be in an employment relationship with the employer. The right to leave does not depend on the place of work, position held or the term of the employment contract. The duration of the main annual paid leave is 28 calendar days. Annual basic paid leave of more than 28 calendar days (extended basic leave) is provided to employees in accordance with the Labor Code of the Russian Federation and other federal laws.

Additional vacations are granted to employees in excess of basic paid vacations. According to Art. 116 of the Labor Code of the Russian Federation, annual additional paid vacations are provided, in particular, to employees engaged in work with harmful and (or) hazardous working conditions with a special nature of work, to employees with irregular working hours working in the Far North and equivalent areas.

Annual additional paid leave is granted to employees engaged in work with harmful and (or) hazardous working conditions: in underground mining and open pit mining in open-pit mines and quarries, in areas of radioactive contamination, in other jobs associated with an unavoidable adverse effect on human health harmful physical, chemical, biological and other factors (part 1 of article 117 of the Labor Code of the Russian Federation).

Employees with irregular working hours are granted an additional annual paid leave, the duration of which is determined by the collective agreement or the organization's internal labor regulations and which cannot be less than three calendar days. In the event that such leave is not granted, overtime overtime with the written consent of the employee is compensated as overtime.

When calculating the duration of annual paid vacations, the duration of annual basic and additional paid vacations of employees is calculated in calendar days and is not limited by the maximum limit. Non-working holidays falling on the vacation period are not included in the number of calendar days of vacation and are not paid. When calculating the total duration of the annual paid leave, additional paid leaves are added to the annual basic paid leave.

Paid leave must be granted to the employee annually. The right to use leave for the first year of work arises from the employee after six months of continuous work in the organization. The parties to the employment contract may agree on the possibility of providing paid leave even before the expiration of six months. Based on part 3 of Art. 122 of the Labor Code of the Russian Federation, before the expiration of six months of continuous work, paid leave at the request of the employee must be granted: 1) women - before maternity leave or immediately after it; 2) employees under the age of 18; 3) employees who have adopted a child (children) under the age of 3 months; 4) in other cases provided by laws.

Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leave established in this organization.

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

In the conventions of the International Labor Organization (ILO), workers are designated the time during which the employee is at the disposal of the employer. The Labor Code of the Russian Federation is not so categorical and defines working hours 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 (part 1 of article 91 of the Labor Code of the Russian Federation).

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

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

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

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

THE EMPLOYEE DOES NOT WORK IN THE OFFICE

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

Widely spread traveling nature of workwhen an employee performs a labor function, moving from place to place (for example, from client to client) (Article 168.1 of the Labor Code of the Russian Federation). This is how, for example, service engineers and sales managers can work.

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

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

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

As practice shows, organizations can treat time tracking differently in this situation.

Option 1. The employer allows employees to use working hours as they see fit, controlling only the results of work.

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

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

Connects operators' service to corporate mobile phones, which allows tracking the movement of employees;

Uses miniature satellite beacons to determine the exact location of company vehicles at any time.

EMPLOYEE WORKS LESS THAN 8 HOURS A DAY

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

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

However, in some cases it is mandatory for the employer to request part-time work from the employee. Conversely, sometimes the employer can set part-time work at will (and thereby save the payroll).

Thus, the incomplete time is set:

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

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

A pregnant woman;

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

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

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

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

legislation.

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

Minors (Article 271 of the Labor Code of the Russian Federation);

Disabled people;

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

Women working in the Far North and equated localities (Art. 320 of the Labor Code of the Russian Federation);

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

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

Limiting the length of the working day

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

Minor workers - depending on age;

Disabled persons - in accordance with the medical report;

Workers with harmful and (or) dangerous working conditions;

Workers working on a rotational basis.

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

Part-time working hours

Order of the Ministry of Health and Social Development of Russia dated 13.08.2009 No. 588n established the Procedure for calculating the standard of working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working hours per week, including for part-time and reduced working hours:

THE EMPLOYEE SHOULD BE RETAINED AT WORK

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

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

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

Outside working hours;

Occasionally;

By order of the employer.

But there are still more differences:

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

2) attraction to work within irregular working hours does not require special accounting. Overtime work should be reflected in the timesheet;

3) with regard to overtime work, the Labor Code of the Russian Federation sets limits - 4 hours for two days in a row and 120 hours per year (Article 99 of the Labor Code of the Russian Federation). If an employee is involved in work over the limit (even with appropriate payment), the inspection authorities recognize this as a violation. There is no such limitation for irregular working hours. Since no documents on employment in the regime of irregular working hours are drawn up, employees, as a rule, cannot prove that they were unreasonably involved in work;

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

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

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

Disabled people;

Women with children under the age of three;

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

Employees with disabled children;

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

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

Pregnant women;

Persons under the age of 18;

Employees during the period of the apprenticeship agreement;

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

ORGANIZATION WORKS 24/7 OR MUCH OF DAYS

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

Shift work;

Workdays of the length established by the employer with sliding days off.

Let's consider the differences between these ways of organizing work.

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

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

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

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

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

Rotational work

Scheduled work and summarized accounting of working hours are also used in the rotational method of organizing work (Articles 300, 301 of the Labor Code of the Russian Federation). But there is one peculiarity. As a rule, the duration of the working day with a rotational work method is more than 8 hours (most often 11-12 hours), so overtime occurs daily.

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

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

THE EMPLOYEE DECIDES WHEN TO WORK

Employers are increasingly looking for ways to motivate employees while trying to save on costs. Therefore, non-financial motivation is increasingly common, including by regulating the start and end times of work.

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

But, wishing to motivate employees to work efficiently, employers often, at the request of employees, set them individual opening hours, for example from 09:30 to 18:30. This can be convenient for the employee (for example, to keep up with taking the child to kindergarten), but does not require costs from the employer.

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

Even more employee can motivate the establishment flexible schedule... In the Labor Code of the Russian Federation, this working time regime is not described in great detail.

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

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

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

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

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

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

By the duration of the working time can be: normal, shortened and incomplete.

Normal working hours cannot exceed 40 hours per week.

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

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

- 5 hours a week - for disabled workers
1 or 2 groups;

- 4 hours a week - for employees aged 16 to 18;

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

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

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

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

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

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

Rest time types:

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

2) daily (inter-shift) rest ;

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

4) non-working holidays;

Non-working holidays in the Russian Federation are:

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

Vacation is a continuous rest for several working days in a row with the preservation of the place of work and average earnings. But there are additional social vacations without pay.

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

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

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

- for women - before maternity leave or
immediately after it;

- employees under the age of 18;

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

- in other cases stipulated by federal laws.

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

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

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

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

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

Minimum wage (minimum wage - minimum wage) - the amount of monthly wages guaranteed by federal law for the work of an unskilled worker who has fully worked the standard of working hours while performing simple work in normal working conditions.

When establishing wages, one should be guided by the following principles ... enshrined in legislation:

1) it is prohibited to discriminate in wages based on sex, nationality and other non-business criteria;

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

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

4) the state establishes and guarantees the minimum wage, which systematically rises with the rise in prices (indexation of wages);

5) wages are differentiated depending on its severity, conditions, complexity (qualifications), nature of work, its value and area of \u200b\u200bwork; such differentiation is facilitated by the tariff system with its surcharges and surcharges;

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

When paying workers, tariff rates, salaries, and a tariff-free system can be applied.

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

Depending on the wage system, payment method for an employee .

The wage system can be time based and piecework.

With a time-based system, the measure of labor is the time worked by an employee.

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

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

In addition to the main salary systems for calculating the material interest of workers in fulfilling production targets and contractual obligations, increasing production efficiency and quality of work, bonus systems can be introduced, including bonuses, annual performance remuneration and other forms of material incentives.

Vacation payment is made no later than three days before its start.

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

WORK TIME

Work time
Duration and working hours
* Irregular working hours
* Overtime work
* Work at night
* Shift work
* Part-time working hours
* Working hours of women and persons with family responsibilities
* Work on a rotational basis
* Flexible working hours
* Time relax
* Work on weekends and holidays
* Timesheet
* Day off or truancy? Subtleties of design

Working hours

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

Working hours should include

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

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

Features of the mode working hours and rest hours of transport, communications and other workers with a special nature of work are determined in the manner established by the Government of the Russian Federation. Modern labor law of the Russian Federation sets several possible working hours. The choice of which specific regime, taking into account production and social factors, will be established at a particular enterprise and in relation to a particular employee, owned by employer and employee... In relation to an employee can act... irregular working hours; flexible working hours; shift work mode; mode of summarized accounting of working hours; division of the working day into parts Types of operating modes taking into account production and social factors of the Labor Code of the Russian Federation allows the employer :

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

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

Time relax

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

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

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

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

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

Working 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 labor law, refer to working hours (Article 91 of the Labor Code of the Russian Federation).

Normal working hours cannot exceed 40 hours per week.

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

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

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

- for employees who are invalids of I or II groups - no more than 35 hours per week;

- for workers engaged 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 commission for the regulation of social and labor relations.

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

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

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

For workers engaged in work with harmful and (or) hazardous working conditions, where a reduced duration of working hours is established, the maximum permissible duration of daily work (shift) cannot exceed:

Read also: Employee actions in case of reduction

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

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

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

Night time is determined by Art. 96 of the Labor Code of the Russian Federation as the time from 22 to 6 hours. The duration of work (shift) at night is reduced by one hour without further working off. The duration of work (shift) at night is not reduced for employees who have a reduced duration of working hours, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement.

Not allowed to work at night: pregnant women; employees under the age of 18.

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

Engaging an employee for overtime work by the employer is allowed with his written consent and only in accordance with Art.

99 of the Labor Code of the Russian Federation in cases.

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

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

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

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

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

Overtime work must not exceed 4 hours for each employee on two consecutive days and 120 hours per year.

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

The specifics of the working hours and rest hours of transport, communications and other workers with a special nature of work are determined in the manner established by the Government of the Russian Federation.

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

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

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

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

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

Work for two shifts in a row is prohibited.

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

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

- breaks during the working day (shift);

- daily (inter-shift) rest;

- days off (weekly uninterrupted rest);

- non-working holidays;

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

In jobs where, under the terms of production, it is impossible to provide a break for rest and meals, the employer is obliged to provide the employee with the opportunity to rest and eat during working hours. The list of such works, as well as places for rest and eating, are established by the internal labor regulations.

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

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

All employees are provided with days off (Article 110,111 of the Labor Code of the Russian Federation) - weekly uninterrupted rest. The duration of a weekly uninterrupted rest cannot be less than 42 hours.

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

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

Employees are attracted to work on weekends and non-working holidays with their written consent in case of necessity to perform unforeseen work.

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

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

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

Annual additional paid vacations (Article 116 of the Labor Code of the Russian Federation) are provided to workers employed in work with harmful and (or) hazardous working conditions, workers with a special nature of work, workers with irregular working hours, workers working in the Far North and equated to localities, as well as in other cases provided for by the Labor Code and other federal laws. The list of industries, jobs, professions, positions, work in which gives the right to additional vacations, approved by the Decree of the USSR Council of Ministers and the All-Union Central Council of Trade Unions of 07/02/1990, No. 647.

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 the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, refer to working hours.

In accordance with current legislation, normal working hours should not exceed 40 hours per week.

In connection with the specifics of the work and activities of the institution, the following working hours are established in it:

Five-day work week with two days off - Saturday, Sunday:

a five-day work week of 40 hours with two days off with an 8-hour working day (Administration, employees of the AHP, chef, head of the canteen, managers of the grocery and material warehouse, employees of the social rehabilitation department, etc.); a five-day working week of 36 hours per week with two days off at a 7.2 hour working day (outpatient department staff, department heads, doctors, social rehabilitation department staff, day care department staff); shift work. When working in shift work, each group of workers must perform work during the established duration of working hours in accordance with the shift schedule.

work as part of a shift for two consecutive days with a 12-hour working day, followed by rest for two days. At the same time, the duration of the working time for the accounting period does not exceed the 40-hour working week established by law (catering staff, elevators). work as part of a shift for two consecutive days with a 12-hour working day, followed by rest for two days. At the same time, the duration of working time for the accounting period does not exceed the 36-hour working week established by law (waiters). Working shift, according to the established shift schedule with a 12-hour working day. At the same time, the duration of working hours for the accounting period does not exceed the 36-hour working week established by law (middle and junior medical personnel of departments).

The beginning of daily work, the time for a break for rest and meals and the end of the working day are established for employees taking into account their production activities and are determined by work schedules approved by the administration.

5.2. Work hours of the institution staff:

Administration, employees of the AHP, head of the canteen, managers of the grocery and material warehouse, specialist in social work, librarian. Five-day work week with two days off for a 40-hour work week and an 8-hour work day. Chef, staff cook, office cleaners. Sisters-hostesses
Middle, junior medical staff of departments. 12 - hour shift according to a sliding schedule with summarized work time. At the same time, the duration of working hours for the accounting period does not exceed the normal number of working hours with rest in the next 2 days;

Day shift:

The barmaids of the mercy departments. Work as part of a shift for two days in a row with a work shift of no more than 12 hours and rest for the next two days. At the same time, the duration of working time for the accounting period does not exceed 36 hours per week. Semi-finished product manufacturers, dishwashers, workers. Work as part of a shift for two days in a row with a 12-hour working day with rest for the next two days. At the same time, the duration of the working time for the accounting period does not exceed 40 hours established by law.

The duration of a working day or shift immediately preceding a non-working holiday shall be reduced by 1 hour.

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