Working hours and rest hours of workers: help for the personnel officer. Regulations on the peculiarities of the working hours and rest hours 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 a flexible working time regime, the beginning, end or total duration 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 determination of the start, end and duration of work on each working day can be left to the discretion of the employee. This feature of the flexible working time regime was reflected in the Recommendations on the application of flexible working time regimes at enterprises, institutions and organizations of the branches of the national economy, approved by the Resolution of the USSR State Committee of Labor and the All-Union Central Council of Trade Unions Secretariat.
These Recommendations define a flexible working time regime as a form of work organization in which for individual workers or collectives structural units organizations are allowed (within certain limits) self-regulation of the beginning, end and total duration working day. In this case, full working out of the established accounting period is required - a working day, week, month, etc.
The flexible working time regime is applied when, for some reason, it is inappropriate to use the usual (normal) mode of work due to its inefficiency or for other reasons, in particular due to the special nature of work.
For individual workers in some industries, the use of a flexible working time regime is provided for by special regulatory legal acts. For example, the Regulations on the Specifics of the Working Time and Rest Hours of Communication Workers with a Special Nature of Work established that the flexible working time regime is applied in those jobs where it is necessary due to the special nature of work, and also where the intensity of work is not the same. The named Order also approved the List of categories of communications workers for whom a flexible working time regime can be established.
A flexible working time regime can be established upon hiring and subsequently, for a specified period and without a 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 workers) - by a local regulatory act.
There are no restrictions on the use of such a regime; it can be introduced for any categories of workers, in any production, in any labor organization. The criteria are only the convenience and appropriateness of its use.
Establishing a flexible schedule does not entail changes in pay or other working conditions. It is the employer's responsibility to ensure that the hours worked by each flexible employee are accurately recorded.

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

In this article, you will learn:

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

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

When developing the internal labor regulations and other local regulations governing the rest time 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 sufficient time for 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 holidays;
  • daily (inter-shift) rest;
  • weekends (weekly uninterrupted rest);
  • holidays.

Creation of optimal working conditions at workplaces is beneficial, first of all, to the employer himself. In order for the performance of the personnel to decrease as little as possible by the end of the day, it is necessary to correctly distribute the rest periods and break the shift with regulated breaks. It is important that the time of the beginning of the break coincides with the end of the period of high stable performance (for this, the general properties of human physiology and the peculiarities of the specific work function performed by the employee are taken into account).

Rest schedule for workers

In any production, the rest schedule of workers in 2016 involves regulated breaks during the working day, depending on the purpose, whether 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 business hours. At the same time, the specific time for granting such a break is fixed at the local level - by an employment or collective agreement, the rules of the internal labor schedule.

As a rule, employers try to establish 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 of continuous work, when the staff is already beginning to experience fatigue and overall performance decreases. On the continuous productionwhere 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 a worker and is paid accordingly.

In addition to lunch, there are also special breaks, the provision of which is due to the peculiarities of the organization of work and technological processes at a specific enterprise. Workers forced to work in unheated rooms or outdoors are entitled to breaks for rest and heating during the cold season. In many organizations, there are also 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 weekly continuous rest (weekends), it must be at least 42 hours in a row (Article 110 of the Labor Code of the Russian Federation). Engaging employees in implementation job responsibilities on weekends and public holidays it is paid at a separate rate and is far from always possible (for example, it is prohibited by law to engage pregnant women and minors to work during the period of weekly uninterrupted rest). The longest rest period stipulated by the Labor Code is annual paid leave, which lasts 28 days or more. Leave should be provided to an employee, while retaining his place of work (position) and average earnings (Article 114 of the Labor Code of the Russian Federation).

Expert says

Rest time for workers

Rest time is a period that each employee can use at his own discretion, since he is completely freed from performing work duties. Therefore, during a regulated break for rest and food, 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 productivity, as opposed to occasional downtime, which is not considered rest.

Are there such exceptions established for some posts?

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

Internal labor regulations establish a general working regime for all employees. But one should take into account the fact that labor legislation provides for the specifics of the working hours and rest hours of certain categories of workers. These include both socially unprotected categories of the population (pregnant women, persons with family responsibilities, people with disabilities), and specialists whose work is of a special nature - for example, teachers, drivers, communications workers. According to Decree of the Government of the Russian Federation of 10.12.2002 No. 877 "On the peculiarities of the working hours and rest hours of certain categories of workers with a special nature of work", the details of the work and rest regime in this case are determined by the federal executive authorities in agreement 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 No. 69 dated March 27, 2006, which provides for a special work schedule during vacation time. The document also establishes the procedure for the application of measures to prevent the irrational waste of teachers' working time when scheduling classes (in order to avoid unregulated 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 a vehicle is considered to be 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 trip.

As a general rule, the time of continuous driving during one shift is limited to nine hours (in difficult conditions, for example, in mountainous areas - eight hours). The time worked is recorded cumulatively, and starting from three hours of continuous driving and then every two hours, the driver is given a break for rest of at least 15 minutes. The installation of a tachograph, a special device that automatically monitors the speed and time of movement of the vehicle, allows keeping an accurate record of the time of work and rest of drivers. The employer is responsible for teaching employees how to operate the tachograph.

ST 100 Labor Code of the Russian Federation

The working hours 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 sliding schedule, part-time work week), work with irregular working hours for certain categories of employees, the duration of daily work (shift), including part-time work (shift), start and end times of work, break times , 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 rulesestablished with 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.

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

1. Under the mode of working time (mode of work) is understood the distribution of work within a certain calendar period. Working hours are established by the internal labor regulations. When it is established, 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 must be observed (Articles 91, 92, 94 - 96 of the Labor Code of the Russian Federation ).

2. Labor Code provides for the possibility of establishing different types of workweeks in organizations, differing from each other in the number of working days and the procedure for granting days off: a five-day work week with two days off, a six-day work week with one day off, a work week with the provision of days off on a sliding schedule, a part-time work 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 a commentary to it.

3. In case of shift work, the working time regime 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 Art. 103 of the Labor Code of the Russian Federation and a commentary to it).

4. The duration of daily work (shift), like 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 shorter working day (see Art. 94 of the Labor Code of the Russian Federation) and a commentary to it)).

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

5. Working hours can be the same for all employees of the organization or different for employees of individual departments.

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

The working hours and rest hours can be changed in the same order in which they were introduced.

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

7. It is necessary to distinguish between the working hours of workers and the working hours of the organization. An organization, for example, can work around the clock, and workers are busy 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 specifics of the working hours and rest hours of workers with a special nature of work is approved by the Decree of the Government of the Russian Federation of December 10, 2002 N 877.

Specific features of the working hours and rest hours are established, in particular, for communications workers with a special nature of work (Regulation on the specifics of the working hours and rest hours of communications workers with a special nature of work, approved by Order of the Ministry of the Russian Federation for Communications and Informatization of 8 September 2003 N 112); employees of operational and production organizations of Roshydromet, their structural divisions with a special nature of work (Regulation on the specifics of the working hours and rest hours of workers of operational production organizations of Roshydromet, their structural divisions with a special nature of work, approved by Order Federal Service Russian Federation for 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 (Regulation on the specifics 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 (Regulation on the specifics of the working hours and rest hours of specialists in the maintenance and repair of aircraft in civil aviation, approved by the Order of the Ministry of Transport of the Russian Federation of July 7, 2011 N 181).

On the features 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 a commentary to it.

Features of the working hours and working time accounting in the implementation health workers medical organizations on duty at home see Art. 350 of the Labor Code of the Russian Federation and a commentary to it.

The working time and rest time of a remote worker is stipulated 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 time of athletes, coaches, attracting them to overtime work, work at night, on weekends and non-working holidays are governed 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 specifics of the working hours and rest hours of certain categories of workers with a special nature of work are determined by the relevant federal executive bodies 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 10.12.2002 N 877 (as amended on 04.09.2012) "On the specifics of the working hours and rest hours of certain categories of workers with a special nature of work"

3.2.3.1. Regulation of labor 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 specifics of the working hours and rest hours of certain categories of workers with a special nature of work", as well as the Regulation "On the specifics of the working hours and rest hours of workers of organizations engaged in production precious metals and precious stones from alluvial and ore deposits ", approved by order of the Ministry of Finance of the Russian Federation of 02.04.2003 N 29n.


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, a working week with the provision of days off according to a sliding schedule, an incomplete working week), work with irregular working days for certain categories of workers, the duration of daily work ( shifts), including part-time work (shifts), start and end times 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, collective bargaining agreements, agreements, and for employees whose working hours 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.




Comments to Art. 100 of the Labor Code of the Russian Federation


1. The Labor Code for the first time reveals the concept of "working hours" and its content. 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 another period, the duration and rules for alternating shifts, the start and end time of work, the time and duration of breaks).

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

2. The working hours include both the structure of the working week and the establishment of part-time working hours, a split working day, and also shift schedules flexible schedules work and rotational work method.

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 a sectoral agreement, which can take into account the peculiarities and specifics of the work of a particular sector.

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... In this case, the 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, internal labor regulations are usually attached to the collective agreement and communicated to all employees.

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

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

7. Employees rotate evenly in shifts. The transition from one shift to another is determined by the shift schedules.

In practice, daily, weekly and cumulative working hours are used. These regimes mean different ways of implementing the statutory working time norm during the relevant 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 work 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 regulation of such issues as:

the 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 the working week (5-day with 2 days off, 6-day with 1 day off, working week with the provision of days off on a sliding schedule - Art. 111 of the Labor Code);

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

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

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 the child (Article 258 of the Labor Code); alternation of working and non-working days (compliance with 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. The peculiarities 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 hours and rest time for certain categories of workers with a special nature of work, in particular, the Regulation on the specifics of the working hours and rest hours 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 peculiarities of the organization's activities are taken into account.

The mode of working time or the 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, rolling 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 rotational work method is established for workers performing labor function in work areas remote from a 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). The shift hours include both working hours and rest hours.

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. To 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 at certain time periods, for example, for city drivers passenger transport and other workers. With such a schedule, the established working hours of work 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 specifics of the working hours and rest hours 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 specifics of working hours and rest hours for crew members (civilian personnel) of support vessels of the Armed Forces of the Russian Federation, approved by By order of the Ministry of Defense of Russia dated May 16, 2003 N 170.

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

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

11. By order of the Ministry of Transport of Russia dated May 16, 2003 N 133 approved. Regulations on the specifics of the working hours and rest hours for workers of the floating composition of inland water transport vessels.

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

In addition, you should also call Orders:

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

Ministry of Transport of the Russian Federation of January 30, 2004 N 10 "On approval of the Regulations on the specifics of the working hours and rest hours of workers exercising air traffic control of civil aviation of the Russian Federation";

Ministry of Transport of the Russian Federation of November 21, 2005 N 139 "On approval of the Regulations on the specifics of the working hours and rest hours of crew members of civil aviation of the Russian Federation";

The Ministry of Transport of Russia of October 18, 2005 N 127 "On approval of the Regulation on the specifics of the working hours and rest hours of tram and trolleybus drivers";

The Ministry of Transport of Russia of June 8, 2005 N 63 "On the approval of the Regulation on the specifics of the working hours and rest hours of metro workers";

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

Goskomrybolovstvo of Russia of August 8, 2003 N 271 "On the approval of the Regulations on the specifics of the working hours and rest hours of certain categories of workers in the fishery complex with a special nature of work";

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

Ministry of Industry and Energy of Russia No. 1 dated January 9, 2007 "On Approval of the Regulation on the Specifics of Regulation of Work, Work and Rest Regimes of Certain Categories of Workers of Militarized Emergency Rescue Units Carrying out Emergency Rescue Services for Coal (Oil Shale) Extraction (Processing) Organizations";

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

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

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

In accordance with the said Resolution, 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 by agreement with the factory, factory, local committee. It should not be allowed to involve workers on duty more than once a month.

In the case of bringing on duty after the end of the working day, the attendance for workers with both standardized and irregular working hours is postponed on the day of duty to a later time. The duration of duty or work together with duty cannot exceed the normal length of the working day.

Shifts on weekends and holidays are compensated by the provision within the next 10 days of time off for the same duration as the shift.

 

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