Topic: Legal regulation of working hours. non-working holidays

Labor law

Course work

Topic #3: Legal regulation working hours.

Moscow 2003Plan

1. The concept and significance of legal regulation of working time.

2. Types of working time and methods of its regulation.

3. Work time beyond its normal duration:

A) when attracted to overtime work at the initiative of the employer;

B) when working on the initiative of an employee on an internal or external part-time basis.

4. Regime and recording of working hours.

5. Solving the problem.

6. List of references.

The concept and significance of legal regulation of working time

Legal regulation of working time is the establishment in legal norms of the duration of normal working time, types of working time, as well as its modes and accounting.

Regulation of working time means establishing a temporary criterion for the measure of labor. At the same time, by limiting the maximum limit of time spent on work, beyond this limit it frees up time for rest, restoration of working capacity, family responsibilities, training and retraining without interruption from work, playing sports, etc.

It should be emphasized that the main functions of working time regulation are:

Protective (for restoration of working capacity, long-term and high productivity of the workforce) and

Production (ensuring high labor productivity, fulfilling the tasks facing enterprises, institutions, organizations, the economic complex of the country as a whole).

Working time is the time during which an employee, in accordance with internal regulations, an employment contract, must perform his labor duties, as well as some other periods, for example, intra-shift breaks (for heating, working outside, for feeding a child up to 1.5 - summer age), which labor legislation refers to working time (Article 91 of the Code).

Working time, on the one hand, fixes the measure of labor, and on the other hand, it provides the employee with free time to rest and restore expended energy.

Performing this task prohibits the quality general rule increase in working hours compared to established norm. It is possible only in exceptional cases provided for by law.

The working time during which an employee must perform his duties does not always coincide with the time actually worked. Actual is the time actually spent by each individual employee, which determines his specific participation in labor process. It can coincide with working hours or with its norm, or it can be either less or more than it.

In accordance with the actual time worked, wages are paid and provided additional holidays in connection with harmful conditions in production, for irregular working hours, etc. Shortcomings during the working day may entail certain legal consequences - the imposition of penalties and other sanctions if the employee is guilty of this.

Working time is measured in the same units as time in general - in hours, days, etc. The law usually uses such a meter as the working day and working week.

Types of working time and methods of its regulation

Working hours vary in length: normal, shortened, part-time. The first two types are established by law and on its basis by collective and labor agreements, part-time work - by the parties employment contract upon hiring or subsequently. All three types are standard working hours.

Normal working hours

For the vast majority of workers, normal working hours apply, which cannot exceed 40 hours per week, both with a five- and six-day work week.

Shortened working hours

According to Art. 91 of the Labor Code, the normal working time in organizations cannot exceed 40 hours per week. The Code proceeds from the fact that the normal working time can be less than 40 hours, as stated in Art. 92 of the Code regulating reduced working hours.

In Art. 92 Labor Code lists categories of workers for whom the normal working hours are:

24 hours a week - for workers under 16 years of age;

36 hours per week - for workers aged 16 to 18 years;

35 hours per week - for employees who are disabled groups I and II;

36 hours or less - for workers engaged in work with hazardous and (or) hazardous conditions labor.

Pending the adoption of the relevant regulatory legal act of the Government of the Russian Federation on the territory of the Russian Federation in accordance with Art. 423 of the Labor Code applies a List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to reduced working hours, and which is approved in the manner established by law. Such a List was approved by a resolution of the USSR State Committee for Labor and the All-Russian Central Council of Trade Unions dated October 25, 1974 and has been supplemented several times since then.

Employees whose professions and positions are provided for in production and workshops in the relevant sections of the List have the right to reduced working hours, regardless of what sector of the economy these productions and workshops are located in. For example, employees of foundry production (except for non-ferrous casting) of mechanical engineering, agricultural machinery, light, food and other industries, shortened working hours and additional leave due to hazardous conditions are provided in accordance with the subsection “Foundry” of the section “Metalworking”, and employees of foundry production of non-ferrous metals - section “Non-ferrous metallurgy”.

The basis for reducing working hours in the cases specified in the last part of Art. 92 TK, serve special regulations relating to each category separately.

Thus, teaching staff, in accordance with the procedure established by the legislation of the Russian Federation, enjoy the right to a standardized six-hour working day and a reduced working week.

The working hours of medical workers depend on the tasks they perform. professional functions and the institutions in which they work. In particular, doctors of clinics involved in receiving patients, dentists and prosthetists, average medical personnel The working day is set to 5.5 hours.

The reduction of working hours for employees exposed to the risk of contracting the human immunodeficiency virus while performing their official duties to 36 hours a week is provided for by the Decree of the Government of the Russian Federation of April 3, 1996.

For women working in rural areas, a 36-hour working week is established, unless other legislative acts provide for a shorter working week.

In addition, working hours are reduced on the eve of holidays and weekends. On the eve of holidays - for 1 hour for both a five-day and a six-day working week (except for those for whom a shortened working day has already been established). On the eve of weekends, the duration of work in a six-day work week cannot exceed 6 hours.

If a reduced working time is established for employees, then the duration of their work (shift) at night is not reduced by one hour (Article 96 of the Labor Code). Night work is paid at an increased rate.

Pregnant women, women with children under three years of age, workers under 18 years of age and some other workers are not allowed to work at night. Disabled people may be required to work at night only with their consent and provided that such work is not prohibited by medical recommendations.

Part-time work

Normal working hours and reduced working hours are essentially types of full working time, during which the employee works the standard working hours established by law. This is the difference between reduced working hours and part-time work.

Part-time work covers part-time work or part-time work.

When working part-time, an employee works fewer hours than established by the regulations or schedule at a given enterprise for a given category of workers, for example, instead of eight hours, four hours.

With a part-time working week, the number of working days is reduced compared to a five-day or six-day week.

Part-time work may consist of simultaneously reducing the working day and working week.

Part-time working time differs from shortened working time. Shortened working time is a full measure of the duration of work established by law for certain working conditions or categories of workers.

Part-time work is only part of this measure. Therefore, for part-time work, labor is paid in proportion to the time worked or depending on output.

Part-time working hours may be established by agreement between the employee and the employer. An employee can agree to part-time work both upon admission and during the period of work. Part-time work as a condition of the employment contract is indicated in the employment contract.

If according to general rule part-time working hours are established by agreement between the employee and the employer, then in some cases the employer is obliged to do this.

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

Part-time workers have labor rights on an equal basis with persons who work full-time (normal or short-time). Thus, persons employed part-time are entitled to full annual and study leave; work time is counted in the length of service as full working time; bonuses for work performed are calculated on general principles; weekends and holidays are provided in accordance with labor legislation.

IN work books employees, the fact of working part-time is not recorded.

Part-time work as a condition of the employment contract is indicated in the employment order. If an agreement on this is reached during the period of work in this organization, then it is also formalized by an order with a signature from the employee.

Working hours beyond their normal duration

Normal working hours cannot exceed 40 hours per week. Work outside working hours can be carried out at the initiative of both the employee and the employer.

The Labor Code defined overtime work as work beyond the established working hours (Article 54). The practice of applying this norm showed that the wording given was far from complete and provided an opportunity for the unreasonable use of overtime work. This wording required clarification, which was done in the new Labor Code (Article 97). First of all, it is emphasized that work performed outside normal working hours is not always overtime. An important feature of overtime work is on whose initiative such work is carried out. So, in accordance with Art. 99 of the Labor Code, only work performed at the initiative of the employer can be considered overtime.

Article 97 of the Labor Code allows work outside the normal working hours at the initiative of the employee (part-time work).

Work outside the normal working hours at the initiative of the employer (overtime work) can only be carried out with written consent employee.

A) when engaging in overtime work at the initiative of the employer

According to Art. 99 of the Labor Code, overtime is considered to be work performed by an employee at the initiative of the employer in excess of the established duration of working hours, daily work (shift), as well as work in excess of the normal number of working hours during the accounting period.

The basis for involving an employee in overtime work is an order (instruction) of the employer.

Overtime work is recognized in practice even when it was carried out not only with the knowledge of the employer, but also with the immediate supervisor of the work (foreman, site manager, etc.). However, in all cases, involvement in overtime work is possible only with the written consent of the employee.

Work is considered overtime regardless of whether it was part of the employee’s duties or not.

Involvement in overtime work is carried out by the employer with the written consent of the employee in the following cases:

1) when carrying out 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;

2) in social production necessary work regarding supply, gas supply, heating, lighting, sewerage, transport, communications - to eliminate unforeseen circumstances that disrupt their normal functioning;

or create a threat to the life and health of people;

4) during production temporary work for the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers;

5) to continue work if the replacement employee fails to appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee.

A similar list was contained in Art. 55 of the Labor Code. However, unlike the previously existing Labor Code new law in these exceptional cases, does not allow the use of overtime work without the written consent of the employee. In other words, if the manager assigned overtime work in the cases provided for in Art. 99 of the Labor Code, then if an employee refuses to perform such work, he cannot be brought to disciplinary liability. In this, the Labor Code differs significantly from the Labor Code, in accordance with the norms of which, involvement in overtime work is allowed even in the absence of the employee’s consent, i.e. refusal could be regarded as a disciplinary offense.

In other cases, in addition to those specified in Art. 99 of the Labor Code, involvement in overtime work is allowed in addition to the written consent of the employee, taking into account the opinion of the representative body of employees. That is, the new Code establishes a double guarantee against the unreasonable involvement of employees in overtime work.

Pregnant women, workers under 18 years of age, and other categories of workers are not allowed to work overtime in accordance with federal law. The involvement of disabled people and women with children under three years of age in overtime work is permitted with their written consent and provided that such work is not prohibited for them for medical reasons. At the same time, disabled people and women with children under three years of age must be informed in writing of their right to refuse overtime work.

The Labor Code (Article 159) maintains the amount of payment for overtime work provided for by the Labor Code. Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. Specific amounts of payment for overtime work may be determined by a collective agreement or employment contract.

B) when working on the employee’s initiative on internal or external part-time basis

For the purpose of employee labor protection, Art. 98 of the Labor Code provides for limits on the duration of part-time work (no more than four hours a day and 16 hours a week), and also establishes that internal part-time work is not permitted in cases where a reduced working time is established. Part-time work is the performance by an employee of another regular paid job under the terms of an employment contract in his free time from his main job. Concluding employment contracts for part-time work is permitted with an unlimited number of employers, unless otherwise provided by federal law.

Part-time work can be performed by an employee both at the place of his main job and in other organizations.

The employment contract must indicate that the job is a part-time job.

Features of part-time work for certain categories of workers (teaching, medical and pharmaceutical workers, cultural workers) are determined 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 labor relations.

Part-time work is not allowed for persons under the age of 18, for hard work, work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions, as well as other cases established by federal laws.

Remuneration for persons working part-time is made in proportion to the time worked, depending on output, or on other conditions determined by the employment contract.

When establishing for persons working part-time time-based payment labor, standardized tasks, wages are paid based on the final results for the actual amount of work performed.

Persons working part-time in areas where regional coefficients and wage allowances have been established are paid taking into account these coefficients and allowances.

Working hours and recording.

The working time schedule is its distribution per day, week, beginning and end of work. The schedule also includes the structure of the week, shift schedules, as well as intra-shift breaks in work, the beginning and end of the working day, shift, week. The regime also includes a shift work method and flexible, rotating schedules.

According to Art. 100 of the Labor Code, the working time regime must provide for the length of the working week (five-day with two days off, six-day with one day off, work week with days off on a sliding schedule), work with irregular working hours for certain categories of workers, the duration of daily work (shift), start time and the end of work, the time of breaks in work, the number of shifts per day, the alternation of working and non-working days, which are established by a collective agreement or internal rules labor regulations organizations in accordance with the Labor Code, other federal laws, collective bargaining agreements.

Irregular working hours

One of the working conditions for some workers is working with irregular working hours.

An irregular working day is a special mode of work, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the normal working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreement or internal labor regulations of the organization.

Since working with irregular working hours involves certain overtime in excess of normal working hours, the Code, as compensation, provides that employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by a collective agreement or internal labor regulations. In the event that such leave (at least three calendar days) is not provided, overtime overtime is compensated with the written consent of the employee as overtime work (Article 119 of the Labor Code).

Drivers of passenger cars (except taxis), as well as drivers of other vehicles of expeditions and survey parties engaged in geological exploration, topographic-geodetic and survey work in the field, may be subject to irregular working hours.

The decision to establish an irregular working day is made by the employer taking into account the opinion of the relevant elected trade union body or other representative body authorized by the employees, and in their absence - by agreement with the employee, enshrined in the employment contract or an appendix to it.

Flexible working hours

According to the Labor Code, when working in flexible working hours, the determination of the beginning, end or total duration of the working day is carried out by agreement of the parties.

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

Taking into account the established practice of using flexible working hours, the interest in such an organization of many employees and, first of all, women with children, the Code provides that when introducing a flexible work schedule, it is necessary to comply with the established working hours, and the decision to switch to this working regime is made by agreement of the parties to the employment relationship .

A flexible schedule predetermines the boundaries of the possible start and end of work and the time of mandatory presence at work. In practice, this time is called a fixed or mandatory part of the working day, and the preceding and subsequent time is called a flexible part, during which the employee, at his own request and with the knowledge of his immediate supervisor, can start work, leave work, and also take a lunch break at any or predetermined time. The duration of the flexible part of the working day is usually set within 1.5-2 hours.

Records of the time worked by each employee are kept by department heads, foremen, foremen or specially designated employees. In this case, the most various methods and accounting means, in some cases records are made in special cards or journals, in others - individual time counters or clocks are used.

The accounting period in most cases is set weekly or monthly, sometimes quarterly. During this period, an employee working on a flexible schedule must work the working hours established by law.

A flexible work schedule is used not only in individual, but also in team forms of work organization. In such cases, the team allows individual workers, depending on their individual needs for free time, to start and finish the working day at an earlier or later time.

The introduction of a flexible work schedule in teams or permission to work according to such a schedule for individual employees is formalized by orders of the employer, taking into account the opinion of the representative body of employees. The order defines the beginning and end of the working day, as well as periods of mandatory presence and flexible part of working time.

This working day schedule has a number of advantages, and in particular, it completely eliminates the loss of working time associated with short-term absences, since, unlike a rigid work schedule, when time for such absences is irretrievably lost, with a flexible work schedule it must be worked out during the accounting period. Vacations with the permission of the administration and overtime work are also being reduced, and cases of being late to work and leaving work early are practically eliminated.

Flexible work hours are not yet widely used. Its introduction largely depends on both the level of organization of labor regulation and the organization of recording time worked, which causes certain difficulties.

Shift work

Article 103 of the Labor Code regulates the conditions for the introduction of shift work. It deciphers not only the term “shift work” itself, but also defines for what purposes and why shift work is introduced in the organization.

During shift work, each group of workers must work during the established working hours in accordance with the shift schedule.

When drawing up shift schedules, the employer takes into account the opinion of the employees’ representative body and, as a rule, the shift schedules are an annex to the collective agreement.

Shift schedules are brought to the attention of employees no later than one month before they come into effect.

Working two shifts in a row is prohibited.

Shift work (in 2, 3 and 4 shifts) is introduced at enterprises in cases where the duration production process exceeds the permissible duration of daily work or when it is necessary to use equipment more efficiently and increase production output on the same equipment.

The established length of working time during which each group of workers must perform work should be understood as follows: with a five-day work week - the duration of daily work determined by shift schedules, in compliance with the statutory working week norm.

The uniformity of rotation of workers across shifts means that the transition from one shift to another occurs regularly after a certain number of working days in accordance with the shift schedule, taking into account the specifics of the work and opinions labor collective. The work schedules used in practice provide for a direct order of alternation of workers in shifts (after the first shift, the employee moves to the second, and then to the third: I-II-III-I) or a reverse order of alternation (after the first shift, the employee moves to the third, and then to the second, and the cycle repeats again: I-III-II-I).

Of the indicated methods of alternating workers in shifts, the direct order of alternating shifts is considered more preferable, since it corresponds to the natural daily rhythm natural processes person.

The minimum duration of daily rest between shifts, as a rule, should be (together with the lunch break) no less than double the duration of work in the shift preceding the rest.

In cases where, in accordance with the law, the duration of a scheduled shift is more than 8 hours, the duration of daily rest between shifts is reduced, which is compensated by a corresponding increase in weekly continuous rest.

In continuous production, where it is impossible to organize the working hours of workers for a five-day or six-day work week, shift schedules are used that ensure continuous maintenance of the work process, the work of personnel in shifts of constant duration, regular days off for each team, a constant composition of teams and the transition from one shift to another after a day of rest. graphics.

Calling an employee to perform work duties outside of the shift schedule is allowed only in special cases provided for by law.

The schedule is also mandatory for employees. They do not have the right, without the permission of the administration, to change the sequence of shifts provided for by the schedule, or to go to another shift instead of their scheduled shift.

Time tracking is necessary to determine whether or not the employee has actually worked the required standard of work in working hours. The administration is obliged to conduct it. Three types of working time recording are used:

Daily, if the employee has all working days of the same length;

Weekly, if the same number of working hours is worked every week; Can also be used for shift work;

Summarized.

Summarized recording of working hours is used in continuously operating enterprises and productions, in enterprises and productions operating in shift mode, when organizing work on a rotational basis or using flexible work schedules. Summarized recording of working time is widely used in crop production, making it possible to increase working time during periods of intense field work (sowing, harvesting, fodder preparation), in railway and water transport. In practice, summary recording of working time is often introduced at the request of employees who are interested in reducing the number of trips to work.

Most often, summarized monthly recording of working time is used. However, the legislation also establishes longer accounting periods. Thus, for employees of agricultural enterprises engaged in crop production, working hours can be summed up over the year.

The maximum duration of work shifts based on total working time recording is usually limited to 10 or 12 hours.

A special labor regime, based on the summarized recording of working time, is established under the rotation method of organizing work. This method is used in cases where work is performed outside the place of permanent residence of workers and the possibility of their daily return to their place of permanent residence is excluded. The rotation method is indispensable where production facilities (sites) are significantly removed from the location of the base enterprise; construction of social facilities at the place of work is difficult; there is a shortage of labor reserves; work is carried out in extreme natural and climatic conditions.

When working on a rotational basis, a summarized accounting of working time is established for a month, quarter or other longer period, but not more than for one year.

The accounting period covers all working time, travel time from the location of the employer or from the collection point to the place where work is performed and back, as well as rest time falling within a given calendar period of time. In this case, the total working time for the accounting period should not exceed the normal number of working hours established by this Code.

The employer is obliged to keep records of the working time and rest time of each employee working on a rotational basis, by month and throughout the accounting period.

Working time and rest time within the accounting period are regulated by the shift work schedule, which is approved by the employer taking into account the opinion of the elected trade union body of the organization and is brought to the attention of employees no later than two months before it comes into effect.

The specified schedule provides for the time required to transport workers to and from their shifts. Days of travel to and from work are not included in working hours and may fall on days of rest between shifts.

Overtime hours within the shift work schedule can accumulate over the course of a calendar year and be summed up to whole days with subsequent provision additional days recreation.

Rest days in connection with work outside the normal working hours within the accounting period are paid in the amount tariff rate(salary), unless otherwise provided by the employment contract or collective agreement.

The procedure for introducing summarized recording of working time is established by the internal labor regulations of the organization, which are approved taking into account the opinion of the representative body of the organization's employees.

Since these rules, in accordance with the Code, are an annex to the collective agreement, we can conclude that representative bodies have the right to participate in resolving issues of establishing or canceling summarized recording of working hours.

The solution of the problem.

The situation described in the problem fits the case specified in Article 99 of the Labor Code: involvement in overtime work is carried out by the employer... if it is necessary to complete (finish) work begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) within the normal number of working hours, if failure to perform (non-complete) this work may result in damage or destruction of the employer’s property, state or municipal property.....

In this case technological process was interrupted by untimely delivery of concrete, and failure to complete the laying of concrete can lead to damage to property.

Idle time of workers that occurred through no fault of theirs cannot be the basis for claims against them.

Therefore, employees must receive full overtime pay.

Bibliography.

Constitution of the Russian Federation Labor Code of the Russian Federation Textbook Labor Law. Tolkunova. 2003 SPS Guarantor. 2002 I.O Snigireva. Working time and rest time. Educational and practical manual. – M.: “Prospekt”, 2000. Korshunov Yu.N. Time for work and time for rest. / Ed. Shelomova B.A. – M.: Lawyer, 1997.

(more details in her lectures)

Article 100. Working hours

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

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

Article 101. Irregular working hours

Irregular working hours are a special work regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the established working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees.

Article 102. Working in flexible working hours

When working in flexible working hours, the beginning, end or total duration of the working day (shift) is determined by agreement of the parties.

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

Question No. 29. Legal regulation of rest time. Types of rest time

According to Art. 106 of the Labor Code of the Russian Federation, rest time is the time during which the employee is free from performing work duties and which he can use at his own discretion.

An essential feature of rest time is the employee’s use of it at his own discretion. This feature makes it possible to distinguish between rest time and time off from work for certain purposes (for example, for treatment for temporary disability, for study by in-service students, etc.).

The right of citizens to rest is enshrined in Part 5 of Art. 37 of the Constitution of the Russian Federation, which states that a person working under an employment contract is guaranteed the duration of working hours, weekends and holidays, and paid annual leave established by federal law.

The Labor Code of the Russian Federation and other (including local) normative legal acts specify the constitutional right to rest, establish the types of rest time, their duration and the procedure for providing them.

Types of rest time are: breaks during the working day (shift); daily (between shifts) rest; weekends (weekly uninterrupted rest); non-working holidays; vacation (Article 107 of the Labor Code of the Russian Federation).

Break for rest and food is provided to the employee during a working day (shift) lasting no more than 2 hours and no less than 30 minutes. This break (in practice it is often called a lunch break) is not included in working hours and is not paid.

The time for granting a break and its specific duration are established by internal labor regulations or by agreement between the employee and the employer.

At jobs where, due to production (work) conditions, it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat food during working hours. The list of such work, as well as places for rest and eating, are established by the internal labor regulations (Article 108 of the Labor Code of the Russian Federation).

Daily rest (break between shifts) determined by internal labor regulations or shift schedules, its duration depends on the duration of daily work and breaks for rest and food.

The minimum duration of daily rest between shifts, as a rule, should be (together with the break time for rest and food) no less than twice the duration of work in the shift preceding the rest. In two- and three-shift work, this is ensured by the fact that the transition from one shift to another occurs after a day off.

Weekends (weekly rest)– these are days off from work in the calendar week (Articles 110, 111 of the Labor Code of the Russian Federation). With a 5-day work week, employees are given 2, and with a 6-day work week - 1 day off. The duration of weekly uninterrupted rest must be at least 42 hours. The general day off is Sunday. The second day off in a 5-day working week is established by a collective agreement or internal labor regulations. Both days off are usually provided in a row.

For employers whose work suspension on weekends is impossible due to production, technical and organizational conditions, for example due to the continuous nature of production or the need for continuous service to the population, days off are provided on different days of the week in turn to each group of employees in accordance with the internal labor regulations of the organization .

Annual non-working holidays. In accordance with Art. 112 of the Labor Code of the Russian Federation, non-working holidays in the Russian Federation are: January 1, 2, 3, 4 and 5 - New Year holidays; January 7 – Christmas; February 23 – Defender of the Fatherland Day; March 8 – International Women's Day; May 1 – Spring and Labor Day; May 9 – Victory Day; June 12 – Russia Day; November 4 is National Unity Day.

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday. For the purpose of rational use by employees of weekends and non-working holidays, the Government of the Russian Federation has the right to postpone weekends to other days. Acts on such transfer must be published no later than the deadlines provided for in Part 5 of Art. 112 Labor Code of the Russian Federation.

Exceptional cases of attracting workers to work on weekends and non-working holidays. Work on weekends and non-working holidays is prohibited. Attracting workers to work on these days is allowed only in the cases specified in Art. 113 Labor Code of the Russian Federation.

Employees are recruited to work on such days with their written consent if it is necessary to perform work that was not foreseen in advance, on the urgent completion of which the future depends. normal operation the organization as a whole or its individual divisions.

Involving employees to work on weekends and non-working holidays without their consent is permitted in the following cases:

1) to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2) to prevent accidents, destruction or damage to the employer’s property, state or municipal property;

3) to perform 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 circumstances, i.e. in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.

Annual main leave is provided to all employees with preservation of their place of work (position) and average earnings. The right of employees to leave does not depend on the place of work, the job function performed, the form of ownership on the basis of which economic activities are conducted in the organization, or the term of the employment contract. The right to annual paid leave is enjoyed on a general basis by part-time workers in combined work (Article 286 of the Labor Code of the Russian Federation); employees who have entered into an employment contract for a period of up to two months (Article 291 of the Labor Code of the Russian Federation); workers employed at seasonal work(Article 295 of the Labor Code of the Russian Federation); employees working under an employment contract individuals(Article 305 of the Labor Code of the Russian Federation); homeworkers (Article 310 of the Labor Code of the Russian Federation). Persons serving a criminal sentence in the form of correctional labor have the right to basic leave of 18 working days. Other types of leave provided for by labor legislation are provided to them on a general basis (clause 6 of article 40 of the Penal Code of the Russian Federation).

Annual basic paid leave is provided to employees for a period of 28 calendar days.

Working time is 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 of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time (Article 91 of the Labor Code of the Russian Federation).

The initiative to establish part-time work can come from any party to the labor relationship, i.e. such time is set both at the request of the employee and on the initiative.

The length of the working day is also influenced by such factors as the following weekend and holiday. According to Art. 95 of the Labor Code, the duration of a working day (shift) is reduced by one hour if this day (shift) immediately precedes a non-working holiday. This rule also applies to those employees who have reduced working hours.

The length of a pre-holiday working day (shift) is not reduced if a non-working holiday is preceded by a day off. In this case, the working day (shift) does not immediately precede the non-working holiday.

In addition, in certain types of work or in continuously operating organizations, reducing the length of the working day (shift) is not possible. In this case, overtime is compensated by providing additional rest to the employee or, with his consent, by payment according to the standards established for payment of overtime work.

Art. 95 of the Labor Code of the Russian Federation also provides for a maximum duration of work on the eve of a day off in relation to a six-day working week. The indicated duration is 5 hours.

Night time is the period from 22.00 to 6.00 (Part 1 of Article 96 of the Labor Code of the Russian Federation). In this case, a shift is considered night if at least half of its duration falls at night (clause 9 of the Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR, the All-Russian Central Council of Trade Unions of February 12, 1987 N 194 “On the transfer of associations, enterprises and organizations of industry and other sectors National economy for multi-shift operation in order to increase production efficiency").

The duration of work (shift) at night is reduced by one hour without further work (Part 2 of Article 96 of the Labor Code of the Russian Federation), with the exception of a number of cases provided for by law, namely:

• if the employee is hired specifically to work at night (exceptions may be established);
• if the employee has a reduced working time (Part 3 of Article 96 of the Labor Code of the Russian Federation);
• if necessary due to working conditions;
• -if the employee works on shift work with a six-day working week (Part 4 of Article 96 of the Labor Code of the Russian Federation).

The following are not allowed to work at night (Part 5 of Article 96 of the Labor Code of the Russian Federation):

• pregnant women (Articles 96 and 259 of the Labor Code of the Russian Federation);
• persons under 18 years of age. An exception is made for those involved in the creation and (or) performance of artistic works (in accordance with the List of professions and positions approved by the Government of the Russian Federation dated April 28, 2007 N 252), as well as athletes, coaches, whose working time conditions can be established by collective agreements, agreements, local regulations (Article 96, 348.1 of the Labor Code of the Russian Federation).

How to arrange working hours for employees: Video

Work time.

1. What does centralized regulation of working time include:

a) determination of the working hours of organizations;

b) establishing the number of working days during the week;

c) establishing the maximum working hours for employees per week;

d) establishment of non-working holidays;

e) reduction of working hours for certain categories of workers.

2.Normal working hours cannot exceed:

a) 6 hours a day; b) 40 hours a week;

c) 41 hours per week; d) 36 hours a week;

e) 160 hours per month.

3. The working hours of teaching staff cannot exceed:

a) 30 hours a week; b) 35 hours a week;

c) 36 hours a week; d) 40 hours a week.

4. Working hours medical workers cannot exceed per week:

a) 39 hours; b) 36 hours;

c) 41 hours; d) 40 hours.

5. Night work hours are reduced by:

a) 30 minutes; b) 1 hour; c) 2 hours.

6. The employer is obliged to establish part-time working hours at the request of:

a) a pregnant woman;

b) one of the parents with a child under 14 years of age or a disabled child under 18 years of age;

c) a minor employee;

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

e) an employee who is disabled.

7. How is payment made when working part-time:

a) in proportion to the time worked or the amount of work performed;

c) in an amount not less than the minimum wages, established in the Russian Federation.

8. What is included in the concept of working hours:

a) length of the working week;

b) remuneration during working hours;

c) work with irregular working hours for certain categories of workers;

d) the duration of daily work, its start and end times;

e) breaks during the working day or shift.

9. What acts establish the start and end times of workers’ work:

a) internal labor regulations, collective agreement, employment contract;

b) labor legislation of the Russian Federation

c) internal labor regulations;

d) Labor Code of the Russian Federation.

10. Workers with irregular working hours:

a) may be required to perform work outside the normal working hours;

b) has the right to independently determine the start and end time of work;

c) have the right to reduce working hours during the working week;

d) may not comply with internal labor regulations.

11. Who is obliged to keep records of working hours actually worked by the employee:

a) employer; b) employee;

c) trade union body; d) a representative body of workers.

12. Overtime work is work performed outside the established working hours on the initiative of:

a) employee; employer;

c) a trade union or other representative body of workers

13. Involvement in overtime work is carried out:

a) without the employee’s consent;

b) without the employee’s consent in cases provided for by law;

c) taking into account the reasoned opinion of the elected body of the primary trade union organization without the consent of the employee;

d) with the written consent of the employee, and in some cases, taking into account the opinion of the elected trade union body.

14.The duration of part-time work cannot exceed:

a) four hours a day; b six hours a day and 24 hours a week;

c) 40 hours a week; d) two hours a day and 16 hours a week;

e) 120 hours per year.

Time relax.

1. Rest time is the time during which the employee:

a) does not fulfill his job duties, including the period of the employee’s suspension from work and while he is on vacation;

b) free from performing labor duties and which he can use at his own discretion;

c) does not fulfill his job duties.

2. At work where, due to production conditions, it is impossible to provide a break for rest and food:

a) the employer is obliged to provide the employee with the opportunity to rest and eat during working hours;

b) duration work shift is reduced to 6 hours and a break for rest and food is not provided;

c) there is no break for rest and food

d) the employer is obliged to provide the employee with a replacement.

3. Employees working during the cold season on outdoors or in closed, unheated rooms:

a) breaks are provided for heating and rest, which are not included in working hours;

b) special breaks are provided for heating and rest, which are included in working hours;

c) an extended break for rest and food is provided, included in working hours;

d) a break for rest and food is provided, included in working hours.

4. In organizations in which suspension of work on weekends is impossible due to production and organizational conditions, weekends:

a) are provided on different days of the week in turn to each group of employees in accordance with the internal labor regulations;

b) are not provided;

c) are provided in accordance with the internal labor regulations, with the general day off being Sunday;

d) are provided on a general basis.

5. Employees are recruited to work on weekends and non-working holidays with their written consent for:

a) preventing an industrial accident, catastrophe and eliminating their consequences;

b) continuation of work if the replacement employee fails to appear;

c) preventing accidents, destruction or damage to property;

d) completion of work whose deadlines have expired;

e) performing unforeseen work, on the urgent execution of which the future normal operation of the organization depends.

6. Persons working under an employment contract have the right to annual paid leave:

a) in organizations of any organizational and legal forms and individuals;

b) in organizations of any organizational and legal forms, with the exception of work for individuals;

c) performing work on the basis of a civil contract;

d) with the exception of temporary (for a period of up to two months) and seasonal workers;

e) except for part-time workers.

7. Federal civil servants are granted extended basic holidays of at least the following duration:

a) 30 calendar days; b) 28 working days;

c) 30 working days; d) 56 calendar days.

8. The lists of jobs and professions for which the right to additional paid leave for work with harmful and dangerous working conditions is established is approved:

a) 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;

b) the Ministry of Health and social development;

c) Russian Tripartite Commission for the Regulation of Social and Labor Relations;

d) the President of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations;

e) The Government of the Russian Federation.

9. The length of service that gives the right to annual basic paid leave includes the following periods:

a) time of actual work;

b) vacation time at the request of the employee without pay, lasting no more than 14 calendar days;

c) time of annual paid leave;

d) time of parental leave until the child reaches the age of one and a half years;

d) time forced absenteeism in case of illegal dismissal or suspension from work and subsequent reinstatement to the previous job;

f) study leave time.

10. Included in work experience, which gives the right to annual

additional leave for work with hazardous working conditions:

a) time actually worked under appropriate conditions;

b) periods of temporary disability;

c) periods of suspension from work of an employee who has not completed the mandatory medical checkup;

d) time of parental leave until the child reaches the age of three;

11. Before the expiration of 6 months of work in the organization, leave at the request of the employee must be granted:

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

b) persons combining work with study;

c) employees under the age of eighteen;

d) employees with two or more children under the age of fourteen;

e) employees who have adopted a child (children) under the age of three months.

12. Annual paid leave must be extended in the following cases:

a) temporary disability of the employee;

b) employee training on the job;

c) the employee performs state duties during his annual paid leave, if the law provides for exemption from work for this purpose;

d) caring for a child under three years of age.

a) for two consecutive years;

b) employees who have a child under the age of fourteen;

c) employees under the age of 18;

d) workers studying on the job;

e) employees engaged in work with harmful and (or) dangerous working conditions.

14. Recall from vacation is not allowed:

a) workers under the age of eighteen;

b) workers with children under three years of age;

c) pregnant women;

d) workers combining work with training;

e) workers engaged in work with harmful and (or) dangerous working conditions;

f) injured in the organization.

15. Working women with children under the age of one and a half years are provided, in addition to breaks for rest and food, additional breaks for feeding the child:

a) at least every three hours of continuous work lasting at least 30 minutes each, which are included in working hours and are subject to payment in the amount of average earnings;

b) at least after two hours of continuous work lasting at least 30 minutes each, which are included in working hours;

c) every three hours of continuous work, lasting at least an hour;

d) at least twice during the working day, lasting at least 30 minutes each;

e) every two hours of continuous operation.

16.Employees engaged in seasonal work are provided with paid leave based on:

a) one working day for each month of work;

b) two calendar days for each month of work;

c) two workers for each month of work;

d) four workers for each month of work;

17. The employer is obliged to provide leave without pay to employees admitted to entrance examinations in those with state accreditation educational institutions average vocational education Duration:

a) 5 calendar days; b) 10 calendar days;

c) 15 calendar days; d) 20 calendar days.

Control questions:

1. What is meant by working time as an economic and legal category?

2. How are working hours regulated?

3. What are the types of normalized working hours?

4. Define part-time and part-time work.

5. What is meant by working hours and what is the procedure for establishing it?

6.How is working time taken into account, under what conditions is a multi-shift work schedule introduced?

7. Give a description night shift and the shift method of labor organization.

8.What is an irregular working day?

9.In what order is an irregular working day established and its legal consequences?

10.What is the difference between shortened working hours and part-time work?

11.Who has the right to shortened working hours?

12.Who must be required to work part-time?

13.What is rest time?

14.What types of rest time are established by labor legislation?

15.What types of vacations are provided for by labor legislation?

16.Who is granted additional leave?

17.What are the guarantees for holidays?

18.How are unpaid leave granted?

Through centralized regulation, it is currently established, firstly, an extensive measure of labor - the duration of working hours, as well as basic provisions on the order and methods of its distribution within a day, week or other calendar period, on the prohibition as a general rule of work outside working hours and the procedure for engaging in work in exceptional cases beyond the established working hours, on weekends and holidays, as well as issues that are resolved by local regulations and by agreement between the employee and the employer. In addition, the specifics of regulating the working time of workers in certain sectors of the economy are also established in a centralized manner, the production specifications of which require a special procedure for the implementation of general standards: various types transport, communications, etc. For example, Art.

Topic 2.2. legal regulation of working time and rest time

Code regulating short working hours. In Art. 92 Labor Code lists categories of workers for whom the normal working hours are: 24 hours a week - for workers under 16 years of age; 36 hours per week - for workers aged 16 to 18 years; 35 hours per week - for employees who are disabled people of groups I and II; 36 hours or less - for workers engaged in work with harmful and (or) dangerous working conditions. Pending the adoption of the relevant regulatory legal act of the Government of the Russian Federation on the territory of the Russian Federation in accordance with Art.

423 of the Labor Code applies to the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to reduced working hours, and which is approved in the manner established by law.

Legal regulation of working time and rest time

Info

When carrying out work necessary for the defense of the country, to prevent an accident or eliminate the consequences of an accident or natural disaster; 2. When carrying out socially necessary work on water supply, gas supply, heating, etc., - to eliminate unforeseen circumstances; 3. If it is necessary to complete the work that has begun, which, due to an unforeseen delay, could not be completed during the normal number of working hours, if failure to complete this work may result in damage or destruction of the employer’s property, state or municipal property, or create a threat to the life and health of people; 4.

When carrying out temporary work on the repair and restoration of mechanisms or structures, if their malfunction may cause the cessation of work for a significant number of workers; 5. To continue work if the replacement employee fails to show up.

The concept and significance of legal regulation of working time

Attention

The working time during which an employee must perform his duties does not always coincide with the time actually worked. Actual is the time actually spent by each individual employee, which determines his specific participation in the labor process. It can coincide with working hours or with its norm, or it can be either less or more than it.

In accordance with the actual time worked, wages are paid, additional leaves are provided in connection with harmful conditions at work, for irregular working hours, etc. Shortcomings during the working day may entail certain legal consequences - the imposition of penalties and other sanctions if the employee is guilty of this. Working time is measured in the same units as time in general - hours, days, etc.

The law usually uses such a meter as the working day and working week.

Legal regulation of working time (page 1 of 4)

In practice, two types of workweek are used: a five-day workweek with two days off and a six-day week with one day off. The main task that needs to be solved when regulating working time is establishing the duration of work and working time standards. The state sets only the maximum working hours.
Other issues related to working time (reduction, shift schedules, working hours) are resolved by employers independently by including relevant norms in collective agreements, internal labor regulations and other local regulations of the organization. So, Article 41 Labor Code provides that in collective agreement mutual obligations of employees and employers may be included, in particular regarding working time issues.

Work time

Standardization of working time means establishing a temporary criterion for the measure of labor. At the same time, by limiting the maximum limit of time spent on work, beyond this limit it frees up time for rest, restoration of working capacity, family responsibilities, on-the-job training, sports, etc. IN Soviet period the standard of working time performed two functions: firstly, it determined the mandatory measure of work that every citizen of a socialist society must perform, and secondly, standardization was carried out in order to establish the maximum permissible duration of work.

Legal regulation of rest time (using the example of sausage-20 LLC)

TC, there are special regulations relating to each category separately. Thus, teaching staff, in accordance with the procedure established by the legislation of the Russian Federation, enjoy the right to a standardized six-hour working day and a shortened working week. The working hours of medical workers depend on the professional functions they perform and the institution in which they work.
In particular, doctors in clinics who receive patients, dentists and prosthodontists, and paramedics are allowed a working day of up to 5.5 hours. The reduction of working hours for employees exposed to the risk of contracting the human immunodeficiency virus while performing their official duties to 36 hours a week is provided for by the Decree of the Government of the Russian Federation of April 3, 1996.

Legal regulation of working hours

Legal regulation of working time establishes the types, norms, duration and mode of working time, as well as the procedure for working in excess of the established working time. The importance of working time regulation. The importance of regulating working time is great; it is one of the legal guarantees of the right of citizens to rest, therefore the rules on working time are inextricably linked with the rules on rest time. Working time as a working condition largely determines the standard of living of workers. The amount of free time used for recreation, satisfaction of cultural and other needs of people depends on its duration. According to Art. 7 of the Constitution of the Russian Federation, “The Russian Federation - welfare state, whose policy is aimed at creating conditions that ensure a decent life and free development of people. ..

Legal regulation of working time briefly

Working time is the time during which the employee, in accordance with the rules internal regulations, under an employment contract, he must fulfill his labor duties, as well as some other periods, for example, intra-shift breaks (for heating when working outside, for feeding a child under 1.5 years of age), which labor legislation classifies as working time (Article 91 of the Code ). Working time, on the one hand, fixes the measure of labor, and on the other hand, it provides the employee with free time to rest and restore expended energy. The fulfillment of this task prohibits, as a general rule, an increase in working hours compared to the established norm. This is possible only in exceptional cases provided for by law.

Legal regulation of working time summary

Regulatory acts modern period(current) 5. Universal Declaration of Human Rights of December 1, 1948 // Russian newspaper 1995. - April 5 6. International Covenant on Economic, Social and Cultural Rights of 1966 // Bulletin of the Supreme Court of the Russian Federation 1994. - No. 12 7. Constitution of the Russian Federation 1993 // Rossiyskaya Gazeta 1993. - December 2, 8. Labor Code of the Russian Federation // SZ RF 2002. - No. 1. Art. 3 9.Civil Procedure Code of the Russian Federation // Rossiyskaya Gazeta 2002.- 20.11 10.Federal Law of June 3, 2006 No. 90-FZ “On Amendments and Additions to the Labor Code of the Russian Federation” 11.Law of the Russian Federation “On the Status of Judges” in the Russian Federation // Ved. RF 1992. - No. 30. Art. 1792. (as amended by the Law of the Russian Federation of December 15, 2001 N 169-FZ) 12. Law of the Russian Federation “On social protection citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant" dated 1.

The following are not allowed to work at night: pregnant women, disabled people, minor workers; women with children under three years of age, workers caring for sick family members, single mothers, fathers (guardians) raising a child under five years of age are allowed to work at night only with their written consent. Work outside normal working hours can be carried out both at the initiative of the employee (part-time work) and at the initiative of the employer (overtime). Part-time work can be both internal and external.

Part-time work cannot exceed four hours a day and 16 hours a week. Involvement in overtime work is carried out with the written consent of the employee in the following cases: 1.

Legal regulation of working time, briefly the most important thing

The legal basis for legislation on working hours is Article 37 of the Constitution of the Russian Federation, according to which a person working under an employment contract is guaranteed the duration of working hours established by federal law. In accordance with Article 91 of the Labor Code of the Russian Federation, working time is the time during which an 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 legal acts refer to working time. Working hours are regulated by both general and special legal norms. Some apply to all workers, others (special, special), supplementing the general norms, are intended to take into account the specifics of the organization of labor and production of certain categories of workers, types labor activity, gender and age characteristics of workers, etc.