home » Documentation » Working hours in non-standard situations. Working hours and rest time according to the labor code These include

Working hours in non-standard situations. Working hours and rest time according to the labor code These include

Work time - 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 periods of time that, in accordance with regulatory legal acts attributed to working time (Article 91 of the Labor Code). Norma - 40 hours a week. Daily duration and mode - in the internal labor regulations, the collective agreement and other local regulations. The duration of the shift is in the shift schedules. The norm of working hours for everyone, except for those for whom, in order to protect their labor, the Labor Code or other laws establish a reduced working time (Article 92 of the Labor Code). Reducing by one hour the duration of the working day (shifts) immediately preceding a non-working holiday (Article 95 of the Labor Code). Part-time work, part-time work week - are established by agreement between the employee and the employer. Payment is proportional to the time worked or depending on the amount of work performed. Art. 96 TC: night time - from 22 to 6 - reduction in the duration of the shift by 1 hour. Work outside the normal working hours, carried out at the initiative of the employee ( combination) or at the initiative of the employer ( overtime work). Internal (in the same company) and external (when concluding an agreement with other employers) part-time work: not exceeding 4 hours a day and 16 hours a week - part 3 of Art. 98 and Art. 284 TK.

Overtime work– work performed at the initiative of the employer outside the established working hours, daily work(shifts), as well as work in excess of the normal number of working hours for the accounting period (Article 99 of the Labor Code). No more than 4 hours on 2 consecutive days and no more than 120 hours per year. Such work is paid at an increased rate: the first 2 hours of work - at least one and a half, the next hours - at least double the amount. Specific sizes can be determined in a collective or labor agreement. At the request of the employee, instead of increased pay mb Extra time recreation.

Irregular working hours- a special mode of work, in accordance with which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their duties outside working hours (Article 101 of the Labor Code). Work in flexible working hours(Article 102 of the Labor Code) - determined by agreement of the parties, the employer ensures that the employee works out the total number of working hours during the accounting periods.

Shift work- in accordance with the shift schedule. The employee cannot change the established order, the employer cannot call the employee outside the schedule.

Time relax- the time during which the employee is free from performance job duties and uses it at his own discretion (Article 106 of the Labor Code). This is a break during the working day (shift), daily (between shifts) rest, weekends, public holidays. Engagement to work on non-working days - Art. 113 of the Labor Code, payment of at least double the amount according to the rules in s. 153 TK. At the request of the employee, the MB is provided with another day of rest, then the payment is normal.

Annual paid vacation- continuous free time (at least 28 days), during which the employee retains the place of work (position) and average earnings. More than 28 days - extended basic leave - in accordance with the Labor Code and other federal laws. Annual additional paid holidays- Art. 116-119 TK. The right to use leave for the 1st year of work - after 6 months of continuous work in the organization, in special circumstances - up to 6 (Article 12 of the Labor Code). In the future - for the working year. Payment at least 3 days before the start of the holiday in accordance with Art. 136 TK. Vacation mb extended or rescheduled. By agreement of the parties, you can divide the vacation into parts (Article 125 of the Labor Code). At least one part must be at least 14 days old. Early recall from vacation - only with the consent of the employee. Upon dismissal, compensation is paid for all unused vacations(Article 127 of the Labor Code). At the written request of the employee, unused vacations are granted to him with subsequent dismissal.

Working time - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with the Labor Code, other federal laws and other regulatory legal acts Russian Federation refer to working hours.

Under current law, normal working hours should not exceed 40 hours per week.

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

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

a five-day working week lasting 40 hours with two days off with an 8-hour working day (Administration, employees of the AChE, chef, head of the canteen, heads of the food and material warehouse, employees of the social rehabilitation department, etc.); a five-day working week lasting 36 hours a week with two days off at a 7.2 hour working day (personnel of the polyclinic department, heads of departments, doctors, employees of the social and rehabilitation department, employees of the day care department); shift work. At shift work each group of workers must perform work during the established working hours in accordance with the shift schedule.

working week

established schedule

medical staff

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

5.2. Office staff hours:

Administration, employees of the AHS, head of the canteen, heads of the food and material warehouse, specialist in social work, librarian. Five-day work week with two days off with a 40-hour work week and an 8-hour work day. Chef, employee cook, office cleaners. Mistress Sisters
Middle, junior medical staff of departments. 12-hour shift on a sliding schedule with a summarized accounting for working hours. The duration of working time during the accounting period does not exceed the normal number of working hours with rest in the next 2 days;

Day shift:

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

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

Certification of workplaces according to working conditions- assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and implementation of measures to bring working conditions in line with state regulatory requirements for labor protection. Certification of workplaces in terms of working conditions is carried out in the manner established by the federal executive body that performs the functions of developing public policy and legal regulation in the sphere of labor (Article 209 of the Labor Code of the Russian Federation).

Base salary (base official salary), base wage rate- the minimum salary (official salary), the wage rate of an employee of a state or municipal institution carrying out professional activities in the profession of a worker or an employee in the relevant professional qualification group, excluding compensation, incentives and social payments.

Safe working conditions- working conditions under which the impact on workers of harmful and (or) dangerous production factors is excluded or the levels of their impact do not exceed the established standards (Article 209 of the Labor Code of the Russian Federation).

Shift method- a special form of carrying out the labor process outside the place of permanent residence of employees, when their daily return to the place of permanent residence cannot be ensured.

The shift method is used when the place of work is significantly removed from the place of permanent residence of employees or the location of the employer in order to reduce the time for construction, repair or reconstruction of industrial, social and other facilities in uninhabited, remote areas or areas with special natural conditions, as well as in order to implement other production activities (Article 297 of the Labor Code of the Russian Federation).

Harmful production factor- a production factor, the impact of which on an employee can lead to his illness (Article 209 of the Labor Code of the Russian Federation).

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

Guarantees- the means, methods and conditions by which the exercise of the rights granted to employees in the field of social and labor relations(Article 164 of the Labor Code of the Russian Federation).

State examination of working conditions- assessment of the compliance of the object of examination with the state regulatory requirements for labor protection (Article 209 of the Labor Code of the Russian Federation).

Labor discipline- obligatory obedience for all employees to the rules of conduct determined in accordance with this Code, other federal laws, collective agreements, agreements, local regulations, employment contract(Article 189 of the Labor Code of the Russian Federation).

Strike- temporary voluntary refusal of employees to perform their labor duties (in whole or in part) in order to resolve a collective labor dispute (Article 398 of the Labor Code of the Russian Federation).

Salary (employee's wages)- remuneration for work depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation payments (surcharges and allowances of a compensatory nature, including for work in conditions that deviate from normal, work in special climatic conditions and on territories exposed to radioactive contamination, and other payments of a compensatory nature) and incentive payments (additional payments and allowances of a stimulating nature, bonuses and other incentive payments) (Article 129 of the Labor Code of the Russian Federation).

Individual labor dispute- unresolved disagreements between the employer and the employee on the application of labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, an agreement, a local normative act, an employment contract (including the establishment or change of individual working conditions), which are declared to the body for consideration of individual labor disputes.

An individual labor dispute is a dispute between an employer and a person who previously had an employment relationship with this employer, as well as a person who has expressed a desire to conclude an employment contract with the employer, if the employer refuses to conclude such an agreement (Article 381 of the Labor Code of the Russian Federation).

Collective agreement- a legal act regulating social and labor relations in an organization or with an individual entrepreneur and concluded by employees and the employer represented by their representatives (Article 40 of the Labor Code of the Russian Federation).

Collective labor dispute- unresolved disagreements between employees (their representatives) and employers (their representatives) regarding the establishment and change of working conditions (including wages), the conclusion, amendment and implementation of collective agreements, agreements, as well as in connection with the refusal of the employer to take into account the opinion of the elected representative body of employees when adopting local regulations (Article 398 of the Labor Code of the Russian Federation).

Compensation- cash payments established for the purpose of reimbursement to employees of costs associated with the performance by them of labor or other duties provided for by this Code and other federal laws (Article 164 of the Labor Code of the Russian Federation).

Lockout- dismissal of employees at the initiative of the employer in connection with their participation in the collective labor dispute or on strike (Article 415 of the Labor Code of the Russian Federation).

homeworkers persons who have concluded an employment contract on the performance of work at home from materials and using tools and mechanisms allocated by the employer or purchased by the homeworker at their own expense are considered (Article 310 of the Labor Code of the Russian Federation).

Irregular working hours- 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 working hours established for them. 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 101 of the Labor Code of the Russian Federation).

labor standards- norms of production, time, norms of number and other norms - are established in accordance with the achieved level of technology, technology, organization of production and labor (Article 160 of the Labor Code of the Russian Federation).

Association of employers - non-profit organization, which unites employers on a voluntary basis to represent the interests and protect the rights of its members in relations with trade unions, public authorities and bodies local government(Article 33 of the Labor Code of the Russian Federation).

Salary (salary)- a fixed amount of remuneration for an employee for the performance of labor (official) duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments (Article 129 of the Labor Code of the Russian Federation).

Hazardous production factor- a production factor, the impact of which on an employee can lead to his injury.

Features of labor regulation- norms that partially limit the application of general rules on the same issues or provide additional rules for certain categories of workers (Article 251 of the Labor Code of the Russian Federation).

Occupational Safety and Health- a system for preserving the life and health of workers in the process labor activity, which includes legal, socio-economic, organizational and technical, sanitary and hygienic, treatment and preventive, rehabilitation and other measures (Article 209 of the Labor Code of the Russian Federation).

Transfer to another job- permanent or temporary change labor function employee and (or) structural unit in which the employee works (if structural subdivision was specified in the employment contract), while continuing to work for the same employer, as well as transferring to work in another locality together with the employer (Art. 72.1).

Employee's personal data- information required by the employer in connection with the employment relationship and relating to a particular employee.

Processing of personal data of an employee - receipt, storage, combination, transfer or any other use of personal data of an employee (Article 85 of the Labor Code of the Russian Federation).

Internal labor regulations- a local normative act regulating, in accordance with this Code and other federal laws, the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to an employment contract, working hours, rest periods, incentives and penalties applied to employees, as well as other regulatory issues labor relations with this employer (Article 189 of the Labor Code of the Russian Federation).

Conciliation procedures- consideration of a collective labor dispute for the purpose of its resolution by a conciliation commission, with the participation of an intermediary and (or) in labor arbitration (Article 398 of the Labor Code of the Russian Federation).

Forced labor- performance of work under the threat of any punishment (violent influence), including:

in order to maintain labor discipline;

as a measure of responsibility for participating in a strike;

as a means of mobilizing and using labor force for the needs of economic development;

as a punishment for having or expressing political views or ideological beliefs that are contrary to the established political, social or economic system;

as a measure of discrimination based on racial, social, national or religious affiliation.

Forced labor also includes work that an employee is forced to perform under the threat of any punishment (violent influence), while in accordance with this Code or other federal laws, he has the right to refuse to perform it, including in connection with :

violation of the established deadlines for the payment of wages or payment of wages not in full;

the emergence of a direct threat to the life and health of an employee due to violation of labor protection requirements, in particular, the failure to provide him with the means of collective or personal protection in accordance with established standards (Article 4 of the Labor Code of the Russian Federation).

Production activity- a set of actions of workers using the means of labor necessary to turn resources into finished products, including production and processing various kinds raw materials, construction, provision of various types of services (Article 209 of the Labor Code of the Russian Federation).

Occupational Risk- the probability of causing harm to health as a result of exposure to harmful and (or) dangerous production factors in the performance of duties by an employee under an employment contract or in other cases established by this Code, other federal laws. The procedure for assessing the level of occupational risk is established by the federal executive body that carries out the functions of developing state policy and legal regulation in the field of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations (Article 209 of the Labor Code of the Russian Federation).

Worker - individual entered into an employment relationship with the employer.

Persons who have reached the age of sixteen years, and in the cases and in the manner established by this Code, also persons who have not reached the specified age (Article 20 of the Labor Code of the Russian Federation) have the right to enter into labor relations as employees.

Employer- an individual or a legal entity (organization) that has entered into an employment relationship with an employee. In cases stipulated by federal laws, another entity entitled to conclude employment contracts may act as an employer. For the purposes of this Code, employers who are natural persons are recognized as:

individuals duly registered as individual entrepreneurs and carrying out entrepreneurial activity without education legal entity, as well as private notaries, lawyers who have established law offices, and other persons whose professional activity subject to federal law state registration and (or) licensing, entered into labor relations with employees in order to carry out the specified activities (hereinafter - employers - individual entrepreneurs). Individuals who, in violation of the requirements of federal laws, carry out the specified activity without state registration and (or) licensing, who have entered into labor relations with employees in order to carry out this activity, are not exempt from the obligations imposed by this Code on employers - individual entrepreneurs;

individuals entering into labor relations with employees for the purpose of personal service and household assistance (hereinafter referred to as employers - individuals who are not individual entrepreneurs).

The rights and obligations of the employer in labor relations are exercised by: an individual who is an employer; management bodies of a legal entity (organization) or persons authorized by them in the manner prescribed by this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, founding documents legal entity (organization) and local regulations (Article 20 of the Labor Code of the Russian Federation).

Work time- 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 this Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time . Normal working hours cannot exceed 40 hours per week (Article 91 of the Labor Code of the Russian Federation).

Night time - time from 10 p.m. to 6 a.m. (Article 96 of the Labor Code of the Russian Federation).

Workplace- the place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer (Article 209 of the Labor Code of the Russian Federation).

Head of the organization- an individual who, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, constituent documents of a legal entity (organization) and local regulations manages this organization, including performing the functions of its sole executive body (Article 273 of the Labor Code of the Russian Federation).

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

seasonal recognized work, which due to climatic and other natural conditions are carried out within a certain period (season), not exceeding, as a rule, six months (Article 293 of the Labor Code of the Russian Federation).

Certificate of conformity of the organization of work on labor protection- a document certifying the compliance of the work carried out by the employer on labor protection with state regulatory requirements for labor protection (Article 209 of the Labor Code of the Russian Federation).

Business trip- an employee's trip by order of the employer for a certain period of time to perform an official assignment outside the place of permanent work. Business trips of employees whose permanent work is carried out on the road or has a traveling character are not recognized as business trips (Article 166 of the Labor Code of the Russian Federation).

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

part-time- performance by the employee of other regular paid work on the terms of an employment contract in his spare time from his main job (Article 282 of the Labor Code of the Russian Federation).

Agreement- a legal act regulating social and labor relations and establishing general principles regulation of related economic relations concluded between the authorized representatives of employees and employers at the federal, interregional, regional, sectoral (intersectoral) and territorial levels social partnership within their competence.

Depending on the scope of regulated social and labor relations, agreements may be concluded: general, interregional, regional, sectoral (intersectoral), territorial and other agreements.

The General Agreement establishes general principles for the regulation of social and labor relations and related economic relations at the federal level.

The interregional agreement establishes general principles for regulating social and labor relations and related economic relations at the level of two or more constituent entities of the Russian Federation.

The regional agreement establishes general principles for the regulation of social and labor relations and related economic relations at the level of a constituent entity of the Russian Federation.

The sectoral (intersectoral) agreement establishes General terms remuneration, guarantees, compensations and benefits for employees of the industry (sectors). A sectoral (intersectoral) agreement may be concluded at the federal, interregional, regional, territorial levels of social partnership.

The territorial agreement establishes general working conditions, guarantees, compensations and benefits for employees in the territory of the respective municipality.

Other agreements - agreements that can be concluded by parties at any level of social partnership in certain areas of regulation of social and labor relations and other relations directly related to them (Article 45 of the Labor Code of the Russian Federation).

Social partnership in the sphere of labor- a system of relations between employees (representatives of employees), employers (representatives of employers), state authorities, local authorities, aimed at ensuring the coordination of the interests of employees and employers on the regulation of labor relations and other relations directly related to them (Article 23 of the Labor Code of the Russian Federation ).

Means of individual and collective protection of workers - technical means used to prevent or reduce the impact on workers of harmful and (or) hazardous production factors, as well as to protect against pollution (Article 209 of the Labor Code of the Russian Federation).

Occupational safety standards- rules, procedures, criteria and standards aimed at preserving the life and health of workers in the course of work and regulating the implementation of socio-economic, organizational, sanitary and hygienic, medical and preventive, rehabilitation measures in the field of labor protection (Article 209 of the Labor Code of the Russian Federation) .

Tariff rate- a fixed amount of remuneration for an employee for fulfilling a labor norm of a certain complexity (qualification) per unit of time without taking into account compensatory, incentive and social payments (Article 129 of the Labor Code of the Russian Federation).

Tariff wage systems- systems of remuneration based on the tariff system of differentiation of wages of workers of various categories.

The tariff system for differentiating the wages of employees of various categories includes: tariff rates, salaries ( official salaries), tariff scale and tariff coefficients.

Tariff scale - set tariff categories works (professions, positions) determined depending on the complexity of the work and the requirements for the qualifications of employees using tariff coefficients.

Wage category - a value that reflects the complexity of work and the level of qualification of the employee.

Qualification category - a value that reflects the level vocational training worker.

Tariffication of work - assignment of types of labor to tariff categories or qualifying categories depending on the complexity of the work.

The complexity of the work performed is determined on the basis of their billing.

Tariffication of work and the assignment of tariff categories to employees are carried out taking into account a single tariff qualification handbook works and professions of workers, a unified qualification directory of positions of managers, specialists and employees. These reference books and the procedure for their application are approved in the manner established by the Government of the Russian Federation.

Tariff wage systems are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms. Tariff systems of remuneration are established taking into account the unified tariff and qualification directory of works and professions of workers, the unified qualification directory for the positions of managers, specialists and employees, as well as taking into account state guarantees for wages (Article 143 of the Labor Code of the Russian Federation).

Labor protection requirements- state regulatory requirements for labor protection, including labor safety standards, as well as labor protection requirements established by the rules and instructions for labor protection (Article 209 of the Labor Code of the Russian Federation).

Employment contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, the collective agreement, agreements, local regulations and this agreement , timely and in full to pay wages to the employee, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations applicable to this employer (Article 56 of the Labor Code of the Russian Federation).

Labor Relations - relations based on an agreement between the employee and the employer on the personal performance by the employee of the labor function for payment (work according to the position in accordance with staffing, professions, specialties indicating qualifications; specific type work entrusted to the employee), subordination of the employee to the rules of internal labor regulations while providing the employer with working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract (Article 15 of the Labor Code of the Russian Federation).

Occupational risk management- a set of interrelated activities, including measures to identify, assess and reduce the levels of professional risks. The regulation on the occupational risk management system is approved by the federal executive body responsible for the development of state policy and legal regulation in the sphere of labor, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations (Article 209 of the Labor Code of the Russian Federation).

Working conditions- a set of factors of the working environment and the labor process that affect the performance and health of an employee (Article 209 of the Labor Code of the Russian Federation).

New edition Art. 91 Labor Code of the Russian Federation

Working hours - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time.

Normal working hours may not 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 length of working time per week, is determined by the federal executive body that performs the functions of developing state policy and legal regulation in the field of labor.

The employer is obliged to keep records of the time actually worked by each employee.

Commentary on Article 91 of the Labor Code of the Russian Federation

Working time consists of the hours actually worked during the day. It may be less or more than the duration of work established for the employee. Working hours include other periods within the norm of working hours when work was not actually performed. For example, paid breaks during the working day (shift), downtime through no fault of the employee.

The length of working time is, as a rule, established by fixing the weekly norm of working time.

The maximum limit of working hours is established by law, thereby it limits the length of working hours. , fixing in paragraph 5 the right to rest, indicates that the worker under an employment contract is guaranteed the length of working time established by federal law.

The Labor Code assigned section IV to working time, consisting of two chapters (15 and 16).

Article 91 of the Labor Code of the Russian Federation defines working time.

Working time - the time during which the employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulatory legal acts, are related to working time. Based on this, it is in the rights of the parties to labor relations to determine the boundaries of working time, to establish the beginning of the working day, its end, the time for a lunch break, as well as the working time regime, through which the working time standard established by the current legislation is ensured.

The Code emphasizes that normal working hours cannot exceed 40 hours per week. This maximum working time applies to the vast majority of workers and is therefore considered in the legal aspect to be a universal measure of labor.

The significance of the limitation of working hours by law is that:

1) ensures the protection of the health of the employee from excessive overwork and contributes to the longevity of his professional ability to work and life;

2) for the working time established by law, society, production receive from each worker the necessary definite measure of labor;

3) allows the employee to study on the job, improve their skills, cultural and technical level (develop personality), which, in turn, contributes to the growth of the employee's labor productivity and the reproduction of a skilled workforce.

The time during which the employee, although he does not fulfill his labor duties, but performs other actions, includes periods of time that are recognized as working time, for example, downtime through no fault of the employee. So, for example, in accordance with Article 109 of the Labor Code of the Russian Federation, special breaks for heating and rest are included in working hours, provided to employees working in the cold season on outdoors(for example, construction workers, installers, etc.) or in closed unheated rooms, as well as loaders involved in loading and unloading operations. The temperature and strength of the wind, at which this type of break must be provided, is determined by the executive authorities. The specific duration of such breaks is determined by the employer in agreement with the elected trade union body.

Breaks for industrial gymnastics must be provided to those categories of workers who, due to the specifics of their work, need outdoor activities and conducting a special set of gymnastic exercises. For example, drivers are entitled to such breaks 1-2 hours after the start of the shift (up to 20 minutes) and 2 hours after the lunch break. With regard to any other categories of employees, the issue of granting them such breaks is decided in the internal regulations.

According to Article 258 of the Labor Code of the Russian Federation, additional breaks for feeding a child (children) are included in working hours, provided to working women with children under the age of one and a half years, at least every three hours of continuous work lasting at least 30 minutes each. Breaks for feeding children are included in working hours and are payable in the amount of average earnings.

As a rule, working hours include periods for the implementation of the main and preparatory-final activities (preparation of the workplace, receipt of an order, receipt and preparation of materials, tools, familiarization with technical documentation, preparation and cleaning of the workplace, handing over finished products etc.), provided for by the technology and organization of labor, and does not include the time spent on the road from the checkpoint to the workplace, changing clothes and washing before and after the end of the working day, lunch break.

In the conditions of continuous production, the acceptance and transfer of a shift is the responsibility of shift personnel, provided for by the instructions, norms and rules in force in organizations. The transfer and acceptance of the shift is due to the need for the employee accepting the shift to familiarize himself with the operational documentation, the state of the equipment and the progress technological process, accept oral and written information from the employee handing over the shift to continue the process and equipment maintenance. The specific duration of the transfer-reception of a shift depends on the complexity of the technology and equipment.

At the same time, given that Article 91 of the Labor Code of the Russian Federation gives the parties to labor relations the right to determine the principles for regulating working hours themselves, the issues of including the above time periods in working hours should be decided by them independently. The adopted decision is fixed in the rules of internal labor regulations approved in accordance with the established procedure.

Normal hours of work may not exceed 40 hours per week, either on a five- or six-day working week. This is the norm of working hours established by law (Article 91 of the Labor Code of the Russian Federation), which must be observed by the parties to the employment contract (employee and employee) throughout the Russian Federation, regardless of the organizational and legal form of the enterprise, type of work, duration of the working week. Normal working hours are general rule and is applied in the event that the work is performed under normal working conditions and the persons performing it do not need special labor protection measures; applies to manual and manual workers. Normal working hours should be of such duration as to preserve the possibility of life and work. Its duration depends on the level of development of the productive forces.

It should also be taken into account that the normal working hours established by Article 91 of the Labor Code of the Russian Federation apply equally to both permanent and temporary seasonal workers, to workers hired for the duration of certain work (Articles 58, 59 Labor Code of the Russian Federation), etc.

The legislator provides for the obligation of the employer to keep records of the time actually worked by each employee. The main document confirming such accounting is the time sheet, which reflects all work: daytime, evening, night hours of work, hours of work on weekends and holidays, overtime hours of work, hours of reduction of work against the established length of the working day in cases provided for by law, downtime through no fault of the employee, etc.

It is necessary to distinguish between the duration of working hours during the day and the norms of working hours. The duration of the working week is calculated from seven hours of the duration of the working day, the length of working time during the day may be different.

In addition to normal working hours, the Labor Code of the Russian Federation regulates the issues of reduced working time, part-time work, irregular working hours, overtime work, etc.

Another commentary on Art. 91 of the Labor Code of the Russian Federation

1. Article 91 of the Labor Code, firstly, contains a definition of working time, secondly, establishes its maximum duration and, thirdly, indicates the obligation of the employer to keep records of working hours.

2. The definition of working time, given in Part 1 of Art. 91 of the Labor Code, is based on the concept of working time that has developed in the Russian science of labor law and focuses on the factor of duty: the time during which the employee must perform labor duties can be attributed to the worker. In the definition, in essence, two different concepts are identified: working time as such and its norm. It must be borne in mind that the actual hours worked may not coincide with the norm of working hours established by the internal labor regulations or the employment contract. Work in excess of the working hours established for the employee is also considered working time with all the ensuing legal consequences even if the employer involved the employee in such work in violation of the law and the employee was not obliged to perform it. In such cases, one should be guided by the definition of working time, which is given in ILO Convention No. 30 (1930), where working time is understood as the period during which the worker is at the disposal of the employer. Similar Definitions working hours are given in ILO Conventions Nos. 51, 61.

3. Art. 91 of the Labor Code of the Russian Federation emphasizes that other periods are also included in working hours, which, in accordance with the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time. Such periods are special breaks for heating and rest, breaks for feeding a child (see Articles 109, 258 of the Labor Code of the Russian Federation and commentary on them).

The collective agreement may also establish other periods relating to working time.

4. Norm of working hours - the number of hours that an employee must work during a certain calendar period. The basis for determining the norm of working time is the calendar week. Based on the weekly norm, if necessary, the norm of working time for other periods (month, quarter, year) is established.

5. For a long period, until 1992, in our country, the state established strict working time standards that were mandatory for the parties to an employment contract. The legislation explicitly stated that the norms of the length of working hours could not be changed by agreement between the administration and the trade union committee or on the basis of an agreement with the worker and employee, either upwards or downwards. Exceptions to this rule were established in the law itself.

Modern Russian labor legislation - in accordance with the Constitution of the Russian Federation and international legal acts to which Russia has acceded - assigned to labor legislation in the field of regulation of working time the function of labor protection, implemented by establishing the law of the maximum measure of labor, which employers neither independently nor according to by agreement with the representative bodies of employees or with the employees themselves, they cannot exceed (exceptions to this rule are allowed only in cases established by law - see Articles 97, 99, 101 of the Labor Code of the Russian Federation and commentary thereto). The specific norm of working time is established by a collective agreement or agreement and may be lower than this limit norm (see article 41 of the Labor Code of the Russian Federation and commentary thereto).

6. The normalization of working hours is carried out taking into account working conditions, age and other characteristics of employees and other factors. Depending on the established duration of working hours, labor legislation distinguishes the following types of it:

a) normal working hours;

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

7. Normal working time is the length of working time applied if the work is performed under normal working conditions and the persons performing it do not need special labor protection measures. Article 91 of the Labor Code of the Russian Federation defines the limit of normal working time at 40 hours a week. Within these limits, the normal duration of working hours is established by the collective agreement, agreements. In cases where a collective agreement was not concluded or the condition on the duration of work was not included in the collective agreement, the maximum norm established by law, 40 hours a week, acts as the real norm of working time.

8. Accounting for the time actually worked by each employee should be kept in organizations of all organizational and legal forms, except budget institutions, according to the forms T-12 "Time sheet and payroll" or T-13 "Time sheet", approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 N 1. Accounting for the working time of each employee working under an employment contract , should be conducted by the employer - an individual entrepreneur.

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Main articles of the law

The labor legislation of the Russian Federation is designed to protect the interests and rights of the employee. The Labor Code of the Russian Federation is the main legal act, regulating legal relations between employer and employee.

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

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

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

Between any employee and employer in without fail an employment contract is concluded. The rule is regulated in Chapter 11 of the Labor Code of the Russian Federation. Chapter 11, 12, 13 of the Labor Code of the Russian Federation provides for the main aspects of the contract.

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

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

Workers' rights

The rights of the employee and the employer are reflected in the employment contract. Please read this clause carefully before signing it. Rights are the capabilities of a specialist, not job responsibilities.

The basic rights of an employee include:

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

Important! The employer is obliged to pay personal income tax for the employee, equal to 13%. This is the only deduction from the employee's salary. It is impossible to reduce the amount by more than thirteen percent.

Ensuring fundamental rights of employees

According to labor law Russian Federation, the employer is obliged to provide his employees with the rights. The interests of workers are put above all else. However, the employer must not be forgotten.

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

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

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

ATTENTION! View the completed sample employment contract:

Additional rights and obligations

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

In agreement with the employee is drawn up full list rights and obligations. Inclusion in the TD occurs solely with the consent of the parties. Changes are fixed by special regulatory legal acts, which are signed by the employer and the employee.

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

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

Duties and responsibilities

The duties of an employee are contained in Article 21 of the Labor Code of the Russian Federation. They must be included in the contract.

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

the employee is obliged to perform the work entrusted to him in accordance with the contract, to comply with the working day and the discipline established at the enterprise;
it is unacceptable to neglect the safety rules at the enterprise (instruction is carried out responsible person directly at the time of hiring);
the employee is obliged to bear material liability, if any, (a special agreement is concluded on liability, or this moment is reflected in the contract);
the employee is obliged to properly fulfill labor obligations in accordance with the TD;
if the enterprise is in danger, there is a risk of accidents at work, the employee is obliged to notify the management about this.

The list of duties of an employee must include short description labor function. If necessary, a detailed outline is reflected in job description employee.

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

individual - the material responsibility of one employee to the employer in relation to the values owned by the enterprise;
collective - is a type of liability when a team of employees is responsible to the employer for the safety of values in a proportional or equal amount.

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

Limited liability implies the repayment of losses by the employee only partially. Thus, a percentage of the amount of harm caused during the performance of work duties is deducted from the employee's salary.

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

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

The employee is liable to the employer under the following conditions:

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

By signing an agreement on full liability, the employee is responsible for the safety of property on a par with the employer. Losses are compensated in full, in proportion to the fault.

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

If the contract contains information about which the employee was not notified, you will have to contact a lawyer for help in protecting your legal rights. Without his help, it will not be possible to prove one's case due to poor legal knowledge.

Guarantees and obligations

The employer provides the job. On his shoulders lies the duty to provide a workplace, as well as materials for processing. The head establishes internal regulations, wage rates. The Labor Code of the Russian Federation takes the side of protecting the employee.

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

Employee guarantees are also contained in federal law N 181-FZ "On the basics of labor protection in the Russian Federation" dated 17.07.1999. Last changes he underwent on December 26, 2005.

Important! According to the regulatory legal acts, the employee applies for:

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

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

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

If the organization temporarily closes the position occupied by an employee, he is provided with another workplace while maintaining the basic salary.

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

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

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

If an employee refuses to perform labor duties due to possible harm to health and life of himself and other employees, the employer does not have the right to bring him to disciplinary liability.

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

The state is called upon to provide the employee with the maximum set of rights. Employees of enterprises have the right to protect their interests in any way that does not contradict the legislation of the Russian Federation, as well as to involve third parties, for example, lawyers, in their defense.

Watch the video. Rights of the employee and the employer:

Consequences of non-compliance

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

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

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

These include:

a remark made orally by the head;
reprimand, which is entered in work book employee;
dismissal under the relevant article of the Labor Code of the Russian Federation.

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

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