The definition of such a concept as working time is given in Article 91 of the Labor Code, according to which it is “the time during which an 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 with this Code, other federal laws and other regulatory legal acts of the Russian Federation relate to working time.” Moreover, a number of periods when the employee did not actually work are also recognized as working time. For example, as a result of downtime caused by the company.
The Code also defines the normal working hours. It is 40 hours a week. For some categories of employees, reduced working hours should be established. For example, for workers aged 16 to 18 years, it is 35 hours per week. The list of such employees is given in Article 92 of the Labor Code. By agreement between the company and the employee, the latter may be assigned part-time working hours (*). Moreover, in some situations the company is obliged to do this. For example, at the request of a pregnant woman. When working part-time, the employee must work the number of hours agreed upon with the employer.
For example, a company has a five-day work week with a working day of 8 hours (that is, a 40-hour work week). At the request of the employee, he may be given not an eight-hour, but, for example, a seven- or six-hour working day (that is, a 35- or 30-hour working week). An option is possible when an employee works not five days a week, but less (for example, 4 or 3 days).
(*) art. 93 Labor Code of the Russian Federation
What is the difference between short-time and part-time work? The first is mandatory in cases directly provided for by the Labor Code. Otherwise, it will be considered a violation of labor laws. The second is determined by agreement between the employee and the company. Moreover, the employing company is not obliged to establish part-time working hours (except for the cases that we discussed above).
If, at the initiative of the company, an employee worked beyond normal working hours, this is considered overtime. Therefore, overtime hours are paid at an increased rate.
Most small companies operate on a daily wage basis. It is used for the same daily working hours. As we said above, with a 40-hour, five-day work week, this amounts to 8 hours a day. If an employee works on a 35-hour, five-day work week, this is 7 hours a day, etc.
An option with weekly accounting of working hours is possible. In this case, the standard working hours per week must be observed. For example, 40 hours with a five-day work week with two days off (Saturday and Sunday).
With this accounting, it is possible that hours will be underworked on one day or another of the week, with work being completed on another day. Let's assume that on Monday the employee worked 6 hours, and on Wednesday - 10 (all other days he worked 8 hours). In this situation, normal working hours will be respected. In this case, the fact of working on Wednesday for 10 hours (2 hours more than required) is not considered overtime work.
Often, due to working conditions, it is impossible for an employee to comply with the daily (weekly) working hours. On some days he must work more than the established norm, on others less. In such a situation, it is used to keep a summary record of working time (*). In this case, the duration of working hours should not exceed the normal number of working hours for the accounting period. This period can be any period of time defined by the company (for example, a month, a quarter, a half-year). In this case, the maximum duration of the accounting period is one year.
(*) art. 104 Labor Code of the Russian Federation
The normal number of working hours for the accounting period is determined based on the weekly working hours established for this category of workers. When calculating the norm of working hours that must be worked in the accounting period, the time during which the employee was released from performing labor duties while maintaining his job (in particular, annual leave, study leave, leave without pay, temporary disability, etc.) is excluded from it. period of performance of state and public duties). The standard working time in these cases should be reduced by the number of hours of such absence falling within working hours (*).
(*) letter of Rostrud dated 03/01/2010 No. 550-6-1
Thus, when recording working hours in aggregate, its normal duration is determined in the accounting period based on the general norm - 40 hours per week or less if a reduced working time is established for this category of workers. The procedure for calculating the norm of working time in a given period of time is established by the Ministry of Health and Social Development of Russia (**). This is done according to the formula:
(**) order of the Ministry of Health and Social Development of Russia dated August 13, 2009 No. 588n
Example
For an employee of Salut CJSC, a summarized recording of working time has been established. A 40-hour work week is normal for him. An accounting period is set for the employee - a quarter. The normal working hours for the first quarter of the corresponding year are:
40 hours: 5 days. × 57 days – 2 hours = 454 hours.
Accordingly, a given company employee can work, for example, 136 hours in January (with the norm being 128 hours), in February - 160 hours (with the norm being 159 hours), and in March 158 hours (with the norm being 167 hours). The total amount of time worked in the accounting period will not exceed the norm and will be:
136 + 160 + 158 = 454 hours.
If an employee is assigned part-time working hours, the normal number of working hours during the accounting period should be reduced. The above procedure for calculating working hours should be applied to both a five-day and a six-day working week.
Expert opinion
The procedure for calculating the norm of working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working time per week in accordance with Part 3 of Article 91 of the Labor Code is determined by Order of the Ministry of Health and Social Development of Russia dated August 13, 2009 No. 588n. In accordance with paragraph 1 of this procedure, the standard working time for certain calendar periods of time is calculated according to the calculated schedule of a five-day work week with two days off on Saturday and Sunday based on the duration of daily work (shift) with a 40-hour work week of 8 hours. It also states that the standard working time calculated in this order applies to all work and rest regimes. Thus, the standard working time calculated in this manner should also apply to a six-day working week.
O. Efimova, expert of the Legal Consulting Service GARANT,
A. Barseghyan, reviewer of the Legal Consulting Service GARANT
The individual working time standard, calculated in the above order, should be reduced for periods of absence of a particular employee, for example, due to regular vacation, illness and other similar circumstances. For example, another vacation of 10 working days with a 40-hour work week will reduce the standard working time by 80 hours (8 hours x 10 days).
For employees with cumulative accounting, overtime will be considered work performed in excess of the standard working hours calculated for the accounting period. Therefore, it is possible to determine the fact and number of overtime hours only after the accounting period ends.
From the document
<...>According to part one of Article 99 of the Labor Code of the Russian Federation, overtime work in the cumulative recording of working time is work performed by an employee at the initiative of the employer in excess of the normal number of working hours for the accounting period. Article 152 of the Labor Code of the Russian Federation establishes a uniform procedure for paying overtime hours. 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.
Thus, when recording working time in aggregate, based on the definition of overtime work, the calculation of overtime hours is carried out after the end of the accounting period. In this case, work in excess of the normal number of working hours during the accounting period is paid for the first two hours of work at least one and a half times the rate, and for all remaining hours - at least twice the rate.
Example
Let's go back to the previous example.
Let's assume that the employee worked:
In January - 136 hours;
In February - 160 hours;
In March - 161 hours.
The total amount of time worked in the accounting period will be:
136 + 160 + 161 = 457 hours.
457 – 454 = 3 hours.
The fact of overtime work will be determined at the end of the first quarter.
Please note that overtime work should not exceed 4 hours for each employee for two consecutive days and 120 hours per year (*).
(*) art. 99 Labor Code of the Russian Federation
The opposite option is also possible: the employee did not work the established standard working hours in the accounting period. In such a situation, his work is paid depending on the reasons for the deficiency. For example, if it occurred through the fault of the employer, then his working time should be paid based on average earnings, calculated in proportion to the time worked (**). The employer's guilt may be expressed in violation of the obligation to ensure normal working conditions.
(**) Art. 155 Labor Code of the Russian Federation
It often happens that an employee quits during the accounting period. For example, in the middle of the year with an accounting period of one year. In this situation, it is necessary to compare the normal working hours in the period from the beginning of the year to the day of the employee’s dismissal with the time actually worked by him. The difference between these indicators will be either overwork (the actual time worked exceeds the norm) or underwork (the norm exceeds the actual time worked).
Example
An employee of ZAO Salyut works according to a shift schedule. A 40-hour work week is normal for this category of workers. For an employee, a summarized recording of working time is established with an accounting period of one year. Let's assume he resigns on June 29th. At the same time, it worked:
January - 126 hours;
February - 153 hours;
March - 178 hours;
April - 170 hours;
May - 158 hours;
June - 168 hours.
The total number of hours worked will be:
126 + 153 + 178 + 170 + 158 + 168 = 953 hours.
The standard working hours for this period are:
40 hours: 5 days. × 119 days – 5 hours = 947 hours.
The number of hours of overtime work will be:
953 – 947 = 6 hours.
In addition, we note that summarized recording of working time can be established both for the entire company as a whole and for individual employees. The procedure for introducing such accounting is determined by the internal labor regulations.
Based on materials from the reference book "Salaries and other payments to employees"
edited by V. Vereshchaki
According to the Labor Code of the Russian Federation. This feature is extremely important for all frames. After all, if something happens, you can complain about your boss or earn a little extra money, and it’s completely legal. When determining working hours, it is worth taking into account the implementation scheme (mode) of the actions provided for in the employment contract. So what awaits modern employees of a particular company in Russia?
Definition
So, the first thing you need to understand is what specific time period we are talking about. What are working hours? The definition of this term plays an important role when drawing up a work schedule.
Thus, working time refers to periods of fulfillment of job descriptions by certain employees, as well as other time periods that can be attributed to work (for example, business trips). We can say that our current concept is the period during which a person works (goes to work).
Typically, work schedule plays an important role in working hours. Depending on it, the norms for being present to perform official duties per day are established.
How time is counted
Some people are interested in how an employer should monitor the length of time spent at work. According to modern legislation, every boss is required to keep records of periods worked for each subordinate. If he doesn't do this, you can complain. And then the employer will be held accountable.
Typically, accounting is done based on the length of the working day. If for some reason you took time off or missed work, everything should be recorded. Therefore, you should not think that accounting only serves the benefit of subordinates.
Types of charts
Time modes may be different. They are set at the discretion of the employer. Each of them has its own characteristics. What forms of work can be distinguished?
First, a little about the shift schedule. It is usually used when the production/operation of enterprises goes beyond the “framework” of how long employees can work per day. That is, when the maximum permissible operating time is exceeded. Under such circumstances, the entire working day is divided into 2-3 shifts. There may even be night periods.
There is also a flexible schedule. It allows employees to independently control their employment. Only the fact of time worked is recorded. This form of work is also called In fact, you are obliged to work the period set by employers, but you can perform your job duties during the day at any time.
Some citizens may encounter such a concept as the Labor Code of the Russian Federation provides for a definition of this term. It means the occasional involvement of employees in the performance of job duties. The most unloved form of work.
In principle, these are all the main modes of performing work duties. You may also come across concepts such as part-time work. They also have their own characteristics. But not too significant.
Dependence on the category of citizens
The duration of working hours according to the Labor Code of the Russian Federation depends not only on the selected operating mode. There is one more point - this is the category of employees. Or rather, their age. Of course, the type of work is also taken into account. Personnel who are engaged in harmful or dangerous work have less job descriptions to complete per day.
Please note that the working day will be different for schoolchildren, ordinary minors who do not study anywhere, as well as for adults. This is an important point, which is also spelled out in the Labor Code. You need to pay close attention to it. After all, the employee’s age is often not taken into account!
In Week
The main limitation is the rate of fulfillment of job descriptions (regardless of the work schedule) per week. You can exceed it, but only under certain conditions. So how much can you work in a given case per week?
According to the established rules (Article 91 of the Labor Code), a standard of 40 hours is established for all adult citizens. In other words, in 7 days this is exactly how much work this or that personnel can do. But the length of the working day depends on the work schedule and the frequency of performing job duties.
You need to work less in harmful and dangerous industries. Total 36 hours per week. All minors over 16 years of age can work the same amount. Disabled people are also entitled to a reduced salary. They must work only 35 hours. That's not all! Children under 16 years of age cannot work more than 24 hours in a week.
It is also worth paying attention to the fact that during school hours all schoolchildren cannot perform job responsibilities more than half of the previously established standards. That is, during the period of 16-18 years, during training you cannot work more than 18 hours, and before the age of sixteen - more than 12.
Per day (adults)
How long should citizens work on average per day? The first thing you should do is pay attention to adult employees. There are most of them in Russia. It has already been said that the most common scenario is a shift work schedule. The duration of the shift cannot exceed 8 hours. This restriction applies to all citizens. In this case, you will have to work 5 days a week.
Citizens employed in hazardous work also have their own restrictions. Their shifts can be 8 hours (with a 36-hour work week) and 360 minutes (with 30 hours of work in 7 days). The same rules apply to personnel performing hazardous work.
What about disabled people? Their working hours per day are determined according to medical indications. This feature must be taken into account. Of course, you cannot exceed the total established weekly norms. Otherwise, you can complain against the employer.
Minors
Now you can pay attention to personnel who are not yet 18 years old. The work of minors has many characteristics. Employers must approach this issue with special responsibility.
The working day of minors depends on their age and the fact of their education. If a child is not studying, then he has the right to work 5 hours a day (up to 16 years of age), and after his 16th birthday - 7 hours maximum. But during training you will have to work a maximum of 2.5 and 3.5 hours, respectively. And nothing more.
On the eve of holidays and weekends
Shift work schedules (like any other) are usually shortened in anticipation of weekends or non-working days. Usually 60 minutes are subtracted from the established norm. This means that on average an adult citizen will perform his job duties not 8, but 7 hours. If we are talking about 6 days of work a week, then you can work no more than 5 hours.
What about organizations that must work constantly? In this case, work on holidays or official days off is either paid double, or the rest is transferred to any other day. The second option is most often encountered in practice. Therefore, if you worked on a holiday and did not receive additional pay, you can demand either monetary compensation (it is usually given in double the amount) or a day off whenever you wish. They simply have no right to refuse you. This is why it is so important to keep records of periods worked for each subordinate.
Night shifts
So, the average working day for an average subordinate is 8 hours. But what if you need to fulfill your work obligations at night? In this case, your shift is shortened by an hour. That is, if you usually work 8 hours, you can leave your job 60 minutes earlier. The exception is when personnel are hired specifically to work night shifts.
What time is considered night time? According to the Labor Code, this is the period between 22:00 and 06:00. So we get the legal limit of 8 hours. Attention, not everyone can work at night! Who is banned?
Under no circumstances should minors and pregnant women work at night. Disabled people are also not allowed to work at night. Neither for 7 hours, nor for 1 hour.
Part time job
In some cases, employees stay to work longer hours at their own request. This work is called part-time work. In this case, the working hours per day increase. As a rule, at the discretion of the subordinate. Only with certain restrictions.
The thing is that part-time work can last a maximum of 4 hours per day. You can stay for such an act for no more than 16 hours or a week. This type of salary increase is not very common. Usually the employer himself forces you to stay for additional work duties.
Overtime work
This option is called overtime. It too has its own limitations. Usually overtime is allowed only with the written consent of the subordinate. Otherwise, citizens cannot be forced to perform their work duties. By the way, both part-time work and overtime work are recorded in the summarized time accounting, which should be for each subordinate. Depending on its indicators, your salary will be calculated.
What restrictions apply in this case? The duration of working hours according to the Labor Code of the Russian Federation during overtime work can increase to a maximum of 4 hours. It is worth considering that you cannot work in this form for more than 2 days in a row.
This is what employers love. Many people believe that in this way they can leave their subordinates to work extra hours as many times as they like. But here, too, the legislation has its own peculiarities. It doesn't matter whether you have a flexible schedule or not. But per year, at the employer’s initiative, you must not remain at the workplace to perform job duties for more than 120 hours. On average, this is 30 days, considering that your day is increased by 4 hours of overtime.
Restrictions for employees
Remember, not everyone can be kept at work on their own initiative by the employer. The point is that minors cannot be left overtime under any circumstances. Neither with the permission of the parents, nor with the personal consent of the subordinate. It is illegal. Pregnant women are also subject to restrictions.
But disabled people can be involved in overtime work. The same applies to women who have children under 3 years of age. In this case, it is necessary to take their written consent for additional work. Remember, these categories of subordinates have every right to refuse to perform overtime duties without explanation. No one has the right to force changes to such a plan.
Conclusion
Now it is clear what the duration of the working day in hours is in this or that case. There is also such a thing as a free schedule. Usually it means the free labor of subordinates. They are given work for a certain period of time. And they themselves must organize their day so that everything is done by the specified date. It doesn’t happen too often; freelancers usually work this way.
As you can see, not everything is as difficult to understand as it seems. What is the average working day like? The hours established by law depend on many factors. But in general it is, as already mentioned, 8 hours.
In practice, these norms are usually violated. Both employers and subordinates. In some cases, even minors constantly work 10-12 hours during non-school hours in order to receive decent payment for their work. Don't be afraid to file complaints against your employer if your labor rights are being violated. If you are sure that the time spent performing work duties is not recorded, or it is carried out with “adjustment”, beneficial to the authorities, stock up on evidence of the actual time spent at work. The working hours according to the Labor Code of the Russian Federation must be observed without fail!
91. The concept of working time. Normal working hours
Working time is the time during which an employee, in accordance with internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working hours. (as amended by Federal Law No. 90-FZ of June 30, 2006)
Normal working hours cannot exceed 40 hours per week.
The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established duration of working time per week, is determined by the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor. (Part 3 introduced by Federal Law No. 157-FZ of July 22, 2008)
The employer is required to keep records of the time actually worked by each employee.
Article 92. Shortened working hours
Shortened working hours are established:
for workers under the age of sixteen - no more than 24 hours a week;
for workers aged sixteen to eighteen years - no more than 35 hours per week;
for employees who are disabled people of group I or II - no more than 35 hours per week;
for workers whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 3rd or 4th degree or hazardous working conditions - no more than 36 hours per week. (as amended by Federal Law dated December 28, 2013 N 421-FZ) (part one as amended by Federal Law dated June 30, 2006 N 90-FZ)
The length of working time for a particular employee is established by an employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of a special assessment of working conditions. (Part two introduced by Federal Law dated December 28, 2013 N 421-FZ)
On the basis of an industry (inter-industry) agreement and a collective agreement, as well as the written consent of the employee, formalized by concluding a separate agreement to the employment contract, the working hours specified in paragraph five of part one of this article may be increased, but not more than 40 hours per week with payment to the employee of a separately established monetary compensation in the manner, amount and on the terms established by industry (inter-industry) agreements and collective agreements. (Part three introduced by Federal Law dated December 28, 2013 N 421-FZ)
The length of working time of students of educational organizations carrying out educational activities under the age of eighteen, working during the academic year in their free time from receiving education, cannot exceed half of the norms established by part one of this article for persons of the corresponding age. (as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated July 2, 2013 N 185-FZ)
This Code and other federal laws may establish reduced working hours for other categories of workers (teaching, medical and other workers). (as amended by Federal Law No. 90-FZ of June 30, 2006)
Article 93. Part-time work
By agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as a person carrying out caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. (as amended by Federal Law No. 90-FZ of June 30, 2006)
When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.
Part-time work does not entail for employees any restrictions on the duration of the annual basic paid leave, calculation of length of service and other labor rights.
Article 94. Duration of daily work (shift)
The duration of daily work (shift) cannot exceed:
for workers aged from fifteen to sixteen years - 5 hours, for workers aged from sixteen to eighteen years - 7 hours;
for students in basic general education programs and educational programs of secondary vocational education, combining education with work during the academic year, from fourteen to sixteen years old - 2.5 hours, from sixteen to eighteen years old - 4 hours; (as amended by Federal Law dated July 2, 2013 N 185-FZ)
for disabled people - in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. (as amended by Federal Law No. 90-FZ of June 30, 2006)
For workers engaged in work with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum permissible duration of daily work (shift) cannot exceed:
with a 36-hour work week - 8 hours;
with a 30-hour work week or less - 6 hours.
An industry (inter-industry) agreement and a collective agreement, as well as with the written consent of the employee, formalized by concluding a separate agreement to the employment contract, may provide for an increase in the maximum permissible duration of daily work (shift) compared to the duration of daily work (shift) established by part the second of this article for workers engaged in work with harmful and (or) dangerous working conditions, subject to compliance with the maximum weekly working hours established in accordance with parts one to three of Article 92 of this Code:
with a 36-hour work week - up to 12 hours;
with a 30-hour work week or less - up to 8 hours. (Part three as amended by Federal Law dated December 28, 2013 N 421-FZ)
Duration of daily work (shift) of creative workers of the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists jobs, professions, positions of these workers, approved 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, can be established by a collective agreement, a local regulatory act, or an employment contract. (part four introduced by Federal Law dated June 30, 2006 N 90-FZ) (as amended by Federal Law dated February 28, 2008 N 13-FZ)
Article 95. Duration of work on the eve of non-working holidays and weekends
The length of the working day or shift immediately preceding a non-working holiday is reduced by one hour.
In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee’s consent, payment according to the standards established for overtime work.
On the eve of the weekend, the duration of work in a six-day work week cannot exceed five hours.
Article 96. Night work
Night time is the time from 22:00 to 6:00.
The duration of work (shift) at night is reduced by one hour without further work. (as amended by Federal Law No. 90-FZ of June 30, 2006)
The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically to work at night, unless otherwise provided by the collective agreement.
The duration of work at night is equal to the duration of work during the day in cases where this is necessary due to working conditions, as well as for shift work with a six-day work week with one day off. The list of specified works may be determined by a collective agreement or local regulations.
The following are not allowed to work at night: pregnant women; workers under the age of eighteen, with the exception of persons involved in the creation and (or) performance of artistic works, and other categories of workers in accordance with this Code and other federal laws. Women with children under three years of age, disabled people, workers with disabled children, as well as workers caring for sick members of their families in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation , mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of the specified age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with the medical report. At the same time, these employees must be informed in writing of their right to refuse to work at night. (as amended by Federal Laws dated July 24, 2002 N 97-FZ, dated June 30, 2006 N 90-FZ)
Procedure for night work of creative workers of the media, cinematography organizations, television and video film crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works , professions, positions of these workers, approved 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, can be established by a collective agreement, a local regulatory act, or an employment contract. (Part six as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated February 28, 2008 N 13-FZ)
Article 97. Work outside the established working hours
(as amended by Federal Law No. 90-FZ of June 30, 2006)
The employer has the right, in the manner established by this Code, to involve an employee in work beyond the working hours established for this employee in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, collective agreements, agreements, local regulations, employment contract (hereinafter referred to as the working hours established for the employee):
LECTURE PLAN
on topic 2.4. " Working time and rest time»
1. The concept of working time. Normal, shortened, part-time, night working hours.
2. Overtime.
3. Working hours.
4. Types of working time recording.
5. Part-time and combination
6. Concept and types of rest time.
7. Breaks during the working day (shift).
8. Daily (between shifts) rest.
9. Weekly uninterrupted rest.
10. Vacations
11. The procedure for granting and calculating the duration of annual paid vacations
LECTURE No. 1
T E M A 2.4. " Work time"
Exam questions:
1. Concept and types of working time. Overtime work.
2. Working hours. Types of working time recording. Part-time, combination.
The concept of working time. Normal, reduced and part-time, night working hours.
Article 37 of the Constitution of the Russian Federation guarantees all employees the right to the working hours established by law.
WORK TIME- it is established by law line segment calendar time during which the employee, in accordance with established labor regulations And employment contract must fulfill their work responsibilities.
In some cases, working hours include periods during which the employee did not actually work (for example, during downtime due to the fault of the employer, breaks to feed a child, etc.).
Working time is divided into types and differs in its duration:
A. Normal;
b. Abbreviated;
V. Incomplete;
g. Overtime;
D. Night.
This is the standard working time established by law, which must be observed by the parties to the employment contract (employee and employer), regardless of the form of ownership of the organization.
Being established by law, the normal working hours cannot be changed by other regulations or agreement of the parties.
Normal working hours- This no more than 40 hours per week for both a five- and six-day work week. Duration of daily work (shift) with a 40-hour five-day work week, an 8-hour duration of daily work (shift) is established, and with a 6-day 40-hour work week, a 7-hour duration of daily work (shift) is established for 5 working days, and on the sixth (pre-day off) The duration of daily work (shift) is reduced to 5 hours (Part 3 of Article 95 of the Labor Code of the Russian Federation), which ensures compliance with the weekly norm.
Shortened working hours
Reduced working hours established by the Labor Code of the Russian Federation and other federal laws for certain categories of workers, taking into account age, harmful working conditions, its intensity, the specifics of labor functions and other factors.
Shortened working hours are established for the following employees:
For persons under 16 years of age no more than 24 hours in Week;
For persons aged 16 to 18 years – no more than 36 hours ;
For workers employed in harmful and (or) dangerous working conditions – no more than 36 hours per week in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.
such as teachers, doctors and other workers with a special nature of work. For example, teaching staff have reduced working hours no more than 36 hours per week (Part 1, Article 333 of the Labor Code of the Russian Federation), for medical workers no more than 39 hours per week (Article 50 of the Labor Code of the Russian Federation).
Shortened working hours are established for women working in rural areas and regions of the Far North, for disabled workers with pay as for a normal working week.
In case of a shortened working day (as a general rule), an additional payment is made for the hours not worked by the employee based on the employee’s average earnings.
Part-time work
Part-time work - this is time less than normal and shortened, established not by law, but in accordance with Article 93 of the Labor Code of the Russian Federation by agreement of the parties, and with payment in proportion to the time worked.
Part-time work (part-time or part-time work week) is established upon hiring or subsequently by agreement between employee and employer.
When working part-time, the number of hours of work per day is reduced compared to what is established by the employer in the Internal Labor Regulations or the schedule for this category of employees (for example, instead of 8 hours - 4 hours).
A part-time working week means setting fewer working days (less than 5 or 6 days). It is also possible to establish for an employee a part-time working week with part-time work (for example, 3 working days a week, 4 hours each).
Thus, the employer, at the request of the employee must set part-time working hours
1) pregnant women,
2) one of the parents who has a child under 14 years of age or a disabled child under 18 years of age,
3) as well as a person caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts.
When working part-time, the employee is paid in proportion to the time he worked or depending on what he has done volume works
Part-time working hours are often established at the request of the employee.
If the initiative belongs to the employer, then the procedure for changing the terms of the employment contract determined by the parties must be followed (Article 74 of the Technical Regulations of the Russian Federation). Thus, according to Article 74 of the Labor Code of the Russian Federation, in order to prevent mass layoffs of workers and preserve jobs, the employer has the right, taking into account the opinion of the trade union body, to introduce part-time work for a period of up to 6 months.
If the employee refuses to continue working under the terms of this working time regime, then the employment contract is terminated in accordance with clause 2, part 1, article 81 of the Labor Code of the Russian Federation (by reducing the number or staff of employees). This is important because when employees are dismissed on the specified basis, they are provided with appropriate guarantees and compensation (for example, payment of severance pay and retention of wages for a period of employment of up to 2 or 32 months). The abolition of the part-time work regime is also carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.
As a general rule, part-time working time is established by agreement of the parties to the employment contract for a certain period or without specifying a period and is fixed in the employment contract or in an additional agreement to it. However, no entry about this is made in the work book.
Employees working part-time are retained in full all labor rights (have the right to annual leave of normal duration, etc.).
Night work
Night time is considered to be from 22:00 to 6:00. Duration of work (shift) at night is reduced by 1 hour(Article 96 of the Labor Code of the Russian Federation).
A reduction in the duration of night work is not subject to working off, i.e. it entails a reduction in the weekly duration of working time. However, this does not lead to a decrease in wages, since night work is paid at an increased rate (Article 154 of the Labor Code of the Russian Federation).
The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically to work at night, unless otherwise provided by the collective agreement.
In cases where this is necessary due to working conditions, as well as during shift work with a 6-day work week with one day off, the duration of night and day work (shifts) is the same. The list of specified works may be determined by a collective agreement or local regulations.
The night work procedure for creative workers of cinematography organizations, television and video crews, theatres, theatrical and concert organizations, circuses, media and professional athletes in accordance with the lists of categories of these workers approved by the Government of the Russian Federation may be determined by a collective agreement, local regulations or agreement of the parties to the employment contract.
Pregnant women, workers under the age of 18 (except for participation in the creation of works of art), and some other categories of workers are not allowed to work at night.
Women with children under 3 years of age, disabled people and some persons raising children can be involved in night work only with their written consent (Part 5 of Article 96 of the Labor Code of the Russian Federation as amended on July 24, 2002).
Each hour of work at night is paid at an increased rate compared to work in normal conditions (but not lower than the amounts established by laws and other regulatory legal acts).
The specific amounts of the increase are established by the employer, taking into account the opinion of the representative body of employees, a collective agreement, and an employment contract.
Overtime work
Establishing a standard working time does not exclude the fact that, under certain circumstances, working beyond this standard becomes inevitable. Often, workers themselves, neglecting the interests of labor protection, strive to lengthen working hours in order to increase earnings. In this sense, the free admission of overtime work would essentially mean a refusal to limit the duration of working hours, therefore the conditions of real labor relations require legal regulation of work carried out outside the normal working hours.
The law (Article 97 of the Labor Code of the Russian Federation) establishes that work outside the normal working hours can be carried out as at the initiative of the employee(part-time), and by initiative of the employer(overtime work).
OVERTIME WORK-work done by a worker at the initiative of the employer behind within the established working hours, daily work (shift), as well as work beyond the normal number of working hours for the accounting period.(Article 99 of the Labor Code of the Russian Federation)
Since the use of overtime leads to excess working hours, the legislation establishes legal guarantees to ensure their limitation. As such guarantees speakers:
a) establishing in the law a list of circumstances that may serve as a basis for the use of overtime work;
b) the procedure for authorizing overtime work;
c) limiting the number of overtime works for one employee;
d) establishing a circle of people who cannot be involved in overtime work.
International standards and Russian legislation have always proceeded from the fact that circumstances in which it is possible to exceed established working hours must be exceptional.
This principle was established by ILO Convention No. 1. Adopted in 1919, the Convention determined that the maximum working hours established by it may be exceeded in the event of an accident, the threat of one, if urgent work is necessary to repair machinery and equipment, or in circumstances of force majeure, but only to the extent necessary to avoid serious disruption to the normal operation of the enterprise. A more detailed listing of the circumstances under which overtime work is permitted is given in ILO Recommendation No. 116.
| The employee's consent is required: | The employee's consent is not required: |
| ü If there is a need to complete (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be completed (finished) during the working day (shift) and if failure to complete (non-completion) this work may lead to: - damage or death employer's property; -damage or destruction of property of third parties located at the employer, if he is responsible for the safety of this property; - damage or destruction of state or municipal property - create a threat to the life and health of people. ü When carrying out temporary work on the repair and restoration of mechanisms or structures, when their malfunction can cause the cessation of work for a significant number of workers; ü To continue work if the replacement worker does not show up, if the work does not allow a break. | ü When carrying out work necessary to: - prevent a disaster or industrial accident; - eliminating the consequences of a catastrophe, industrial accident or natural disaster; ü When carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications systems; ü When carrying out work, the need to perform which is due to the introduction of a state of emergency or martial law; ü When carrying out urgent work in emergency circumstances, such as: - disaster or threat of disaster (fires, floods, famine, earthquake, epidemics or epizootics); - other cases threatening the life and normal living conditions of the entire population or part of it |
In other cases, involvement in overtime work is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.
It is prohibited to engage in overtime work:
Pregnant women are employees under 18 years of age.
Involving 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 health reasons in accordance with a medical report. 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.
Overtime work must not exceed for each employee four hours for two days in a row and 120 hours per year and is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least double the rate.
Specific amounts of overtime pay may be determined by a collective agreement or employment contract. At the request of the employee, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime.
Overtime work must be properly recorded and accounted for. The employer is required to keep accurate records of overtime work performed by each employee. Failure to fulfill this obligation cannot lead to infringement of the employee’s rights. An employee has the right to demand payment for overtime work even if it is incorrectly completed or not taken into account.
Working hours.
WORKING HOURS – This is the distribution of the organization’s working time per day, week, i.e. a special procedure for alternating working time and rest time.
The Labor Code of the Russian Federation regulates the following types of working hours, which are established by a collective agreement or internal regulations:
1) Normal operating mode (single shift);
2) Irregular working hours;
3) Flexible working hours;
4) Shift work mode;
5) Shift work;
6) The regime of a fragmented working day (working time divided into parts).
Shift work mode
Shift work involves working in two, three, four shifts (Article 103 of the Labor Code of the Russian Federation).
Features of the technological process, the need for efficient use of expensive equipment and other reasons require the use of multi-shift work schedules. Under such working conditions, it is necessary to comply with special labor legislation. Thus, the rotation of workers between shifts should be carried out evenly.
The transition from one shift to another is determined by the schedule; As a rule, such a transition occurs after a day of rest. Assigning an employee to work two shifts in a row is prohibited.
Both a six-day work week and a five-day work week are applicable when work is carried out in one or two shifts. During three-shift work, in continuous production, when the technological process cannot be ensured by using a five-day or six-day working week, other modes are introduced, based, as a rule, on cumulative recording of working time.
Shift method of work
A very specific labor regime with a summarized accounting of working time is the rotational method of organizing work. It is intended for organizing work at production facilities located at a considerable distance from the location of the organization.
Work at these facilities is carried out by shift personnel, who, during their stay at production facilities, live in specially created rotational camps and systematically return to the location of the organization after a certain time. The peculiarity of the working time regime under the rotation method is that the duration of the shift is extended to 10-12 hours and during the period of stay at the site the time between shifts and weekly rest is reduced.
Compensation for overtime is provided in the form of days off from work during the accounting period at the location of the organization. The accounting period under the rotation method can be a month, a quarter, or a longer period, but not more than a year. The accounting period covers all working time, travel time from the location of the employer or from the collection point to the place of work and back, as well as rest time falling within this calendar period. Shift work schedules are approved by the employer, taking into account the opinion of the elected trade union body of this organization, and are brought to the attention of employees not one month in advance, as usual schedules, but two months in advance.
Work performed on a rotational basis may not involve
Workers under 18 years of age,
Pregnant women and women with children under three years of age,
As well as persons who have medical contraindications to perform work on a rotational basis.
Types of working time recording
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 the same working hours every day;
– weekly, if the same number of working hours is worked every week (36 hours, 24 hours, etc., but not more than the established norm of 40 hours; this is also possible during shift work;
– summed – with shift work for a month, quarter, with different lengths of work shifts per week, as well as with part-time work, a rotating, flexible schedule, with a shift method and in continuously operating production; is established by a collective agreement, and where there is none, by the administration in agreement with the trade union committee.
Summarized accounting is used in cases where the length of working time per day or per week may be different, but overtime on some days is compensated by underwork on others, while during the accounting period (month, quarter, year) the employee must work the established hours.
The accounting period should not exceed one year, and the shift duration should not exceed 12 hours.
The procedure for introducing summarized recording of working time is established by the internal labor regulations of the organization.
5. Part-time and combination
See table
LECTURE No. 2
T E M A 2.4. " Time relax"
Exam questions:
Concept and types of rest time. Annual paid vacations: types, right to vacation. Annual additional paid leave: types.
The procedure for granting and using annual leave. Grounds and procedure for rescheduling leave. Leave without pay.
6. Concept and types of rest time
The right to rest is one of the socio-economic rights. The Constitution of the Russian Federation in paragraph 5 of Art. 37 enshrines the right of everyone to rest. A person working under an employment contract is guaranteed the working hours established by federal law, weekends and holidays, and paid annual leave. Rest time is derived from the length of working time. The shorter the working time, the longer the rest time and, conversely, the longer the working time, the less rest time the employee has.
In accordance with Art. 106 TK rest time means the time during which the employee is free from performing work duties and which he can use at his own discretion. Consequently, the employee uses rest time to satisfy his personal needs, interests, and to restore expended energy.
Labor legislation does not provide for the procedure for using rest time; it defines only the general rules for its provision for a specific period, namely: during a working day (shift), calendar day, week, year. As for the procedure for using rest time, this is the right of the employee himself.
The norms of the Labor Code (Chapters 17-19), which establish the legal regulation of rest time, apply to persons working under an employment contract in organizations, regardless of their organizational and legal forms and types of ownership on which they are based.
Article 107 of the Labor Code provides for the following types of rest time:
1. breaks during the working day (shift);
2. daily (between shifts) rest;
3. days off (weekly uninterrupted rest);
4. non-working holidays;
Vacations.
The listed types of rest time can be divided into two groups:
1) short rest. This includes breaks during the working day (shift), daily rest, weekends and non-working holidays;
2) vacations.
All types of rest time are characterized by the fact that the employee is exempt from performing work duties; the rest time itself is not included in working hours. However, the employee has important guarantees: his place of work is retained and rest time is included in his length of service. It should be noted that there is a difference between the types of rest time of the first and second groups. In the first case, rest time is not subject to payment, except for special breaks provided under Art. 109 of the Labor Code, and annual leave is fully paid in the amount of the average salary.
Non-working holidays
The next type of rest time is non-working holidays. In accordance with Art. 112 of the Labor Code, non-working holidays in the Russian Federation are:
7 December 12 is Constitution Day of the Russian Federation.
If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.
On non-working holidays, work is allowed only at continuously operating enterprises, as well as work caused by the need to serve the population, urgent repairs and loading and unloading work. Work on non-working holidays at continuously operating enterprises is included in the monthly standard working hours. In other cases, the conditions and procedure for attracting workers to work on non-working holidays, the rules for compensation for work on these days are similar to the rules that regulate work on weekends (Article 113 of the Labor Code).
Vacations
One of the main types of employee rest time is vacations.
All vacations are divided into:
A). main b). additional
with continued pay
c) additional without pay
A) Basic annual leave
All employees are provided with annual paid leave while maintaining their place of work and position.
The right to leave arises for all employees, regardless of place of work and legal form of the organization.
The International Labor Organization pays great attention to the issue of vacations. ILO Convention No. 52 (1936) “On Annual Holidays with Pay” established the duration of leave to be at least six working days per year of work 1 . In 1970, the second ILO Convention No. 132 “On Holidays with Paid” was adopted, which increased the minimum duration of leave for employees to three weeks.
The right to annual leave arises both for permanent employees and for temporary, seasonal, persons working for individual citizens, as homeworkers, as well as for part-time workers at the rate of two working days per month of work.
Persons serving correctional labor have the right to annual basic leave of 18 working days.
Persons who have entered into civil contracts (for example, contract agreements, assignments) do not have the right to leave.
Vacation- this is an annual continuous rest for a certain number of days in a row, which is provided to all employees to restore their working capacity while maintaining their place of work (position) and average earnings.
It is called annual leave because it is granted once for each working year.
To qualify for vacation, you must have a length of service. Work experience in the most general form is defined as “the time of an employee’s working activity.” Therefore, it is taken into account when providing paid leave.
In accordance with Art. 121 of the Labor Code, the length of service giving the right to annual basic paid leave includes:
Time of actual work;
The time when the employee did not actually work, but in accordance with federal laws he retained his place of work (position), including the time of annual paid leave;
Time of forced absenteeism in case of illegal dismissal or suspension from work and subsequent reinstatement to the previous job;
- other periods of time provided for by the collective agreement, employment contract or local regulations of the organization.
In Part 2 of Art. 121 of the Labor Code lists periods that are not included in the length of service that gives the right to vacation. It does not include:
- the time an employee is absent from work without good reason, including due to his removal from work in cases provided for in Art. 76 TK;
Time of parental leave until the child reaches the legal age;
The time of unpaid leave granted at the request of an employee lasting more than seven calendar days.
The length of service that gives the right to annual additional paid leave for work with harmful and (or) dangerous working conditions includes only the time actually worked in the relevant conditions.
Annual basic paid leave provided to employees for the duration 28 calendar days. This is the minimum duration guaranteed by the legislator at the federal level. Therefore, annual basic leave cannot be less than 28 calendar days. However, it can be more than 28 calendar days. The increase in annual basic leave is carried out in two ways: regulatory and contractual. We are talking about extended basic leave provided to certain categories of workers in accordance with Part 2 of Art. 115 Labor Code and other federal laws.
For example, teaching staff of educational institutions are provided with an annual basic extended paid leave. Its duration is determined by the Decree of the Government of the Russian Federation of October 1, 2002 “On the duration of the annual basic extended paid leave provided to teaching staff of educational institutions.”
For most categories of teaching staff of educational institutions (faculty and teaching staff of higher professional education, teachers, lecturers, speech therapists, educators, as well as some other workers), the duration of vacation is 56 calendar days, for teachers of preschool and additional education - 42 calendar days.
In addition, extended holidays are provided
Civil servants. For the main categories of civil servants, the duration of annual leave is at least 30 calendar days.
A similar rule applies to investigators.
Judges are provided with annual paid leave of 30 working days.
These leaves are provided to a number of other categories of workers.
Holidays falling on vacation are not included in the number of vacation days and are not paid.
B). Annual additional paid leave
IN). Annual additional without pay
Leave without pay (Article 128 of the Labor Code) can be granted to an employee for family reasons and other valid reasons upon his written application. The duration of such leave is determined by agreement between the employee and the employer.
This type of vacation is different in that it is provided
Firstly, without maintaining wages,
Secondly, without taking into account work experience.
The only thing these leaves have in common is that in all cases the employee retains his place of work.
The legislator clearly regulates the procedure for granting leave without pay. It can be provided with the permission of the head of the organization and is formalized by an appropriate order (instruction).
The employer is obliged, based on a written application from the employee, to provide leave without pay:
Participants of the Great Patriotic War - up to 35 calendar days per year;
For working old-age pensioners (by age) - up to 14 calendar days per year;
For parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received during the performance of military service duties, or as a result of an illness associated with military service - up to 14 calendar days a year;
for working disabled people - up to 60 calendar days per year;
For employees in cases of birth of a child, registration of marriage, death of close relatives - up to five calendar days.
This list is not exhaustive. The employer is obliged to provide leave without pay in other cases provided for by the Labor Code, other federal laws or a collective agreement.
In accordance with Art. 263 of the Labor Code, additional leaves without pay are provided to persons caring for children.
An employee who has two or more children under 14 years of age,
An employee who has a disabled child under 18 years of age,
A single mother raising a child under 14 years of age and a father raising a child under 14 years of age without a mother may be granted annual additional leave without pay at a time convenient for them by a collective agreement for up to 14 calendar days.
In this case, the specified leave, at the request of the relevant employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed.
Leave without pay is also granted to:
- for employees admitted to entrance examinations to higher educational institutions - lasting 15 calendar days, and on average - 10 calendar days (Articles 173, 174 of the Labor Code);
For those working in the regions of the Far North and equivalent areas - for the time necessary to travel to the place of use of annual paid leave and back (Part 3 of Article 322 of the Labor Code);
For women - child care until the child reaches the age of three (with payment of state social insurance benefits); ^
- for part-time workers, if the duration of annual paid leave for the combined job is less than the duration of leave at the main place of work - for the days missing from this duration (Part 2 of Article 286 of the Labor Code);
Workers awarded the title of Hero of the Soviet Union, Heroes of the Russian Federation, full holders of the Order of Glory, Heroes of Socialist Labor and full holders of the Order of Labor Glory - up to three weeks a year at a time convenient for them;
- veterans of the Great Patriotic War, veterans of military operations on the territory of other states, including disabled people, labor veterans - from two weeks to one month a year.
In addition, unpaid leave is provided for by a number of federal laws, for example:
Federal Law of July 31, 1995 “On the Fundamentals of the Civil Service of the Russian Federation” - to civil servants for a period of up to one year, unless otherwise provided by federal law;
Federal Law of January 8, 1998 “On the Fundamentals of Municipal Service in the Russian Federation” - to municipal employees for a period of no more than one year, unless otherwise provided by federal law 5.
In all cases, the provision of leaves without pay, regardless of their purpose and duration, must be formalized by order (instruction) of the employer. While on leave without pay, an employee can interrupt it at any time and return to work by notifying the employer in writing.
11. The procedure for granting and calculating the duration of annual paid vacations
Leave for the first year of work is granted to employees after six months of continuous work in this organization (Article 122 of the Labor Code of the Russian Federation).
By agreement of the parties, paid leave may be granted to the employee before the expiration of six months.
Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:
For women - before maternity leave
1. Part 1 of Article 91 of the Labor Code of the Russian Federation defines the concept of working time. A worker is recognized not only as the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, but also other periods that, in accordance with the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working hours. According to the law, such periods are: downtime - temporary suspension of work for reasons of an economic, technological, technical or organizational nature (part 3 of article 72.2 of the Labor Code); breaks for eating at the place of work, if, according to production conditions, it is impossible to establish breaks for rest and food (Part 3 of Article 108 of the Labor Code); special breaks for heating and rest (Article 109 of the Labor Code); breaks provided to women to feed their children (Article 258 of the Labor Code), as well as to persons raising a child without a mother (Article 264 of the Labor Code), and other periods.
For example, the time of acceptance and delivery of locomotives (cars, refrigerated sections, etc.) by locomotive and train crews, crews of refrigerated sections and autonomous refrigerated cars with service compartments, as well as the time for preparing for the trip of these crews is included in working hours (see paragraph. 9 Regulations on the peculiarities of the regime of working time and rest time, working conditions of certain categories of railway transport workers directly related to the movement of trains, approved by Order of the Ministry of Railways of Russia dated March 5, 2004 No. 7 // BNA of the Russian Federation. 2004. No. 24).
For rescuers, the time it takes to perform rescue work under normal conditions, in addition to the time to conduct search and rescue work to eliminate an emergency situation, includes the time spent traveling from the gathering place to the scene of the incident, the time of conducting safety briefings, the time of preparation for work at the workplace, etc. . (clause 3 of the Regulations on recording the working time of citizens accepted into professional emergency rescue services, professional emergency rescue units for the positions of rescuers, approved by Resolution of the Ministry of Labor of Russia of June 8, 1998 N 23 // BNA RF. 1998. N 35 - 36).
2. Enshrined in Part 2 of Art. 91 of the Labor Code of the Russian Federation, the provision that the normal working time in organizations cannot exceed 40 hours per week means: the maximum working week established by law is 40 hours and is the maximum standard working time for all workers in the Russian Federation, regardless of whether , in the enterprise (organization) of what organizational and legal form they work, permanent or temporary, whether their work is seasonal, 5-day or 6-day working week. It is on the basis of this general rule that reduced working hours are established for certain categories of workers and a lower standard of working time is provided for employees of specific organizations (compared to normal) without reducing wages in accordance with general, interregional, regional, sectoral (intersectoral) agreements, and collective agreements or other local regulatory act of the organization or by agreement of the parties to the employment contract (Article 9, 45 of the Labor Code).
3. All working hours (including daytime, night hours, weekend work hours, non-working holidays, overtime work hours, hours of reduced work against the established working hours in cases provided for by law, downtime through no fault of the employee and many other information about use of working time) is taken into account in the Time Sheet and calculation of wages (Form N T-12).
Accounting for the use of working time is carried out in the Timesheet by the method of continuous registration of appearances and absences from work or by recording only deviations (absences, tardiness, etc.).
Notes in the report card about the reasons for absence from work or about part-time work, about working overtime and other deviations from normal working conditions must be made only on the basis of documents executed properly (certificate of incapacity for work, certificate of fulfillment of state duties and etc.).
Unified forms of primary accounting documentation for recording the use of working time (forms N T-12 and N T-13) were approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1 (Bulletin of the Ministry of Labor of Russia. 2004. N 5).
The named unified forms of primary accounting documentation apply to organizations of all forms of ownership, except for budgetary institutions.
4. In accordance with the new part 3 of Article 91 of the Labor Code of the Russian Federation, the procedure for calculating the norm of working time for certain calendar periods (month, quarter, year) depending on the established duration of working time per week is subject to determination by the Ministry of Health and Social Development of Russia. To date, this Procedure has not been established.