home Accounting Normative acts regulating the duration of working hours. The concept of working time

Normative acts regulating the duration of working hours. The concept of working time

Introduction. 3

1. The concept and significance of the legal regulation of working time. 4

a). The concept of working time. 4

b). Significance of regulation of working hours. 4

in). Working hours according to the Labor Code of the Russian Federation and the Labor Code. 5

2. Types of working time and methods of its regulation. 7

a). Types of working time. 7

b). Methods of regulation of working hours. ten

3. Working hours outside of its normal duration. 12

a). When involved in overtime work at the initiative of the employer. 12

b). When working on the initiative of an employee on the terms of internal or external part-time work. fourteen

4. Working hours. sixteen

Conclusion. 20

Task. 21

The purpose of this work is to study the new Labor Code of the Russian Federation in terms of the legal regulation of working time. When presenting the material in the work, the latest regulations were used, a comparative analysis Labor Code of the Russian Federation with the provisions of the Labor Code, as well as the necessary Conventions of the International Labor Organization.

The first chapter gives the basic concepts, discusses the importance of the legal regulation of working time, and also provides a comparative analysis of the provisions of chapters 15 and 16 of the Labor Code of the Russian Federation with chapter 4 of the Labor Code.

The second chapter examines in detail the types of working time, features and correlation of state and contractual methods of regulating working time.

The third chapter discusses the features of the regulation of working time outside of its normal duration. The concepts of overtime work and internal and external part-time work are considered.

The fourth chapter examines the mode and various ways accounting of working time.

In conclusion, the main conclusions are given.

Legal regulation working hours establishes the types, norms, duration and mode of working hours, as well as the procedure for working in excess of the established working hours.

Art. 91 of the Labor Code of the Russian Federation defines work time , as the time during which the employee, in accordance with the rules of internal work schedule organization and conditions 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.

Working time, in accordance with labor law, includes both the time during which work was actually performed, and periods during which work was not actually performed, but which, in accordance with labor law, are not subject to exclusion from working time (for example, downtime, paid breaks). On the other hand, the working time is also the time of work in excess of the established duration in cases provided for by law. This work must be compensated to the worker. An unpaid break for rest and meals is not excluded during working hours, but the time (moment) of the end of the working day (shift) depends on its duration. Unpaid leave, as well as absenteeism, lateness, and early departure from work are not included in working time. However, in accordance with labor law, the loss of working time is not subject to compensation by working off.

The importance of the regulation of working time is great, it is one of the legal guarantees of the right of citizens to rest, therefore, the rules on working time are inextricably linked with the rules on rest time. Working time as a condition of work largely determines the standard of living of workers. The amount of free time used for recreation, satisfaction of cultural and other needs of people depends on its duration.

According to Art. 7 of the Constitution of the Russian Federation, “The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. .. AT Russian Federation work and health of people are protected. The establishment of normal working hours in the norms of law (according to academician I.M. Sechenov, for the normal functioning of the body, 8 hours of work, 8 hours of rest and 8 hours of sleep are necessary), contributes to the implementation of the constitutional policy of the Russian state, and also allows: to ensure health protection employee, contribute to his working longevity; receive from each worker a socially necessary measure of labor; to improve the cultural and technical level of the employee, to study on the job, to develop his personality, which, in turn, contributes to an increase in the duration of work.

It should be noted that in order to ensure the fulfillment of these goals, in addition to fixing the maximum duration of working time, it is necessary to regulate the procedure and methods for distributing working time within a day, week or other calendar period; rules for the use of working time; working hours, etc.

All of the above reflects the high importance of the legal regulation of working time as a factor contributing to the implementation of certain constitutional provisions, in particular, the creation of conditions for a decent life and free development of a person, ensuring labor protection and people's health; as well as the fulfillment by Russia of its function as a welfare state.

It is the responsibility of both the employer and employees to comply with labor law regulations regarding working hours and rest periods. Employees are obliged to use all working hours for productive work, and the employer is obliged to ensure all the necessary conditions to organize work in such a way that the rights of workers to rest and labor protection are not violated.

In the Labor Code of the Russian Federation, section 4 is devoted to the regulation of working hours. It incorporated the main provisions of Chapter 4 of the Labor Code. At the same time, some new nuances and accents appeared. So, there is a difference (Article 97) of two types of work outside the normal working hours: at the initiative of the employee (part-time work, which, according to the Code, can be not only external, but also internal), and at the initiative of the employer (overtime work). The Code determined those cases in which the issue of overtime work has the right to decide the employer himself (Article 99). This list includes works, the issue of the implementation of which requires an immediate decision, otherwise serious consequences are possible. I.e, we are talking about such situations when there is no time for any coordination. In this case, the written consent of the employee involved in overtime work is required. In other cases, involvement in overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected trade union body of this organization. At the same time, the existing restrictions for duration overtime work. In addition, the legislature prohibited internal combination in the main position of the employee.

The new Code legalized (Article 102) flexible working hours. Under this regime, the beginning, end or total length of the working day is determined by agreement of the parties.

The Code categorically prohibits (Article 113) (with the exception of specially stipulated cases) work not only on weekends, but also on non-working holidays. Moreover, in these cases, involvement in work on weekends and non-working holidays is allowed with the written consent of the employee and taking into account the opinion of the elected trade union body of this organization.

The new Labor Code introduced an article on irregular working hours. In addition, the duration of the working day was reduced from 6 to 5 hours with a six-day working week on the eve of the day off.

The new Labor Code of the Russian Federation uses new order calculation of reduced hours of work.

Apart from general concept working time, in the legislation, according to the duration, such types of it as normal, reduced, incomplete are distinguished. The first two types are established by legislation and on its basis by a collective and labor agreement, part-time work - by the parties to an employment contract when hiring or subsequently. These three types of working time are normalized working time.

The main norm of working hours under the current legislation is the working week, which is understood as the length of working hours in hours during a 7-day calendar week. The establishment of a weekly norm of working hours is due to the fact that the labor legislation provides for two types of working week: 5-day and 6-day.

Normal working hours an employee cannot exceed 40 hours per week (both with a five- and a six-day working week). The vast majority of our employees have normal working hours in accordance with the Labor Code. In addition, it is necessary to note the ratification by Russia of the ILO Convention 47 “On the reduction of working hours to 40 hours a week”, according to which each member of the ILO that ratified this Convention declared its approval of the principle of a forty-hour working week.

For some categories of workers, abbreviated working hours. Unlike the previous Labor Code, in which the duration of the norms of reduced working hours was determined by indicating the maximum number of working hours per week, Art. 92 of the Labor Code of the Russian Federation, a different approach was chosen - it indicates the number of hours by which the normal working hours are reduced for the categories of workers indicated in it. Thus, the duration of the reduced working time is made dependent on the duration of the normal one.

Working hours (norms of hours of pedagogical work for the wage rate) teaching staff educational institutions are regulated by:

Articles 92 and 333 of the Labor Code of the Russian Federation (as amended by the Federal Law of June 30, 2006 N 90-FZ) (hereinafter abbreviated as the Labor Code of the Russian Federation);

Paragraph 5 of Article 55 of the Law of the Russian Federation "On Education" (as amended by the Federal Law of January 13, 1996 N 12-FZ with subsequent amendments and additions);

Decree of the Government of the Russian Federation of April 3, 2003 N 191 "On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers of educational institutions" (hereinafter - Decree of the Government of the Russian Federation N 191).

Peculiarities of the working time regime of pedagogical workers are regulated by the Regulations on the peculiarities of the regime of working hours and rest time of pedagogical and other employees of educational institutions (hereinafter referred to as the Regulations on the peculiarities of the regime of working hours), which was approved by order of the Ministry of Education and Science of the Russian Federation dated March 27, 2006 N 69 "On peculiarities of working hours and rest time of pedagogical and other employees of educational institutions" (registered by the Ministry of Justice of Russia on July 26, 2006, registration N 8110).

The concept of reduced working hours for teachers

Federal legislation establishes a reduced working time for teachers of no more than 36 hours per week. Does this mean that it is the same for all teachers?

If we turn to Article 333 of the Labor Code of the Russian Federation for an answer, we will see that in this article, along with an indication of the length of working time of pedagogical workers of no more than 36 hours a week, there is a very significant clarification about that, depending on the position and (or) specialty of pedagogical workers, taking into account the characteristics of their work, the length of working hours (the norm of hours of pedagogical work for the wage rate) is determined by the Government of the Russian Federation

Consequently, the concept of "working time no more than 36 hours" is not a generally established and mandatory for all pedagogical workers duration of working hours, but only its maximum norm, which the Government of the Russian Federation can establish for a pedagogical worker holding one position or receiving one wage rate wages depending on what position he occupies and what are the characteristics of work in this position.

Taking into account all these conditions, Decree of the Government of the Russian Federation N 191 establishes either the length of working time or the norm of hours for one wage rate for teaching staff.

The working time, which is 30 or 36 hours of pedagogical work per week, is established for pedagogical workers, provided for in paragraph 1 of the annex to Decree of the Government of the Russian Federation N 191, and the norm of hours for one wage rate, which is 18, 20, 24, 25, 30, 36 hours a week, or 720 hours a year - for teaching staff, provided for in paragraphs 2 and 3 of the annex to the said resolution.

So, the 30-hour working time per week is set:

Senior educators of all educational institutions, except for preschool educational institutions and educational institutions additional education children, and 36 hours - to senior educators of preschool educational institutions and educational institutions of additional education for children;

Psychologist teachers;

Methodists (senior methodologists) of educational institutions;

social educators; teachers-organizers; industrial training masters:

senior counselor; labor instructors of educational institutions;

Teachers-organizers (basics of life safety, pre-conscription training) educational institutions, institutions of primary vocational and secondary vocational education;

Leaders physical education educational institutions of primary vocational and secondary vocational education;

Employees from among the teaching staff of educational institutions of higher professional education and educational institutions of additional professional education (advanced training) of specialists;

Instructors-methodologists (senior instructors-methodologists) of educational institutions of additional education for children of a sports profile.

It should also be noted that the remuneration of teachers for whom the length of working time is established is carried out on the basis of official salaries, and for teachers for whom norms of hours for a rate are established, on the basis of wage rates.

The difference in remuneration based on wage rates from remuneration in accordance with official salaries

The difference in remuneration based on wage rates from payment in the amount of the official salary is that in the first case, a teacher who, with his consent, constantly performs pedagogical work in excess of the established norm or less than the established norm, is paid in proportion to the number of hours of study load (pedagogical work) in a single amount based on the wage rate established for him. An exception is cases when the performance of work in excess of the established norm is carried out at the initiative of the employer and is considered as overtime work.

For example, if the employer engages preschool teachers if the replacement employee or parents fail to appear for work in excess of the established working hours, such work is considered overtime and is compensated in the manner prescribed by Article 152 of the Labor Code of the Russian Federation.

If the employee is paid an official salary for the established working hours, then it does not change proportionally if the employee is sometimes involved in work in excess of the established working hours. Such work is compensated either as overtime or by providing additional leave for an irregular working day, the duration of which is at least three calendar days.

The norm of hours of pedagogical work, established for one wage rate for pedagogical workers, provided for in clause 3 of the annex to Decree of the Government of the Russian Federation N 191, actually corresponds to the norm of their working hours, within which they perform their official duties.

For example, educators, the norm of hours for one wage rate of which is 25, 30 or 36 hours per week, depending on the characteristics of work in various types and types of educational institutions, perform their duties within this amount of time.

Features of the working hours of teachers, lecturers, teachers of additional education, trainers-teachers

For teachers provided for in paragraph 2 of the appendix to Decree of the Government of the Russian Federation N 191, i.e. teachers, lecturers (except for teachers of universities and IPC), teachers of additional education and trainers-teachers, the norm of hours of teaching work for the rate salary is only a normalized part of the working time, since their job duties are not limited to the performance of teaching work.

For example, the norm of teaching hours of 18 or 20 hours a week, taken as a unit of account when remunerating a teacher, does not mean that all other pedagogical work (work with parents, extracurricular educational work, methodical work, etc.) is not paid, as some argue. representatives of the pedagogical community, proposing the introduction of a staff-salary system of remuneration for teachers.

The teacher's salary rate is paid both for the performance of teaching work within the established norm of hours, and for the performance of other duties stipulated by the tariff-qualification (qualification) characteristics.

After establishing the teaching load for the new academic year for teachers, professors, teachers of additional education, trainer-teachers, the normalized part of their working time will be the amount of educational (pedagogical) load established by him, the implementation of which is regulated by the schedule of lessons (training sessions) in classes, groups, in circles, sections, clubs and other associations of students.

The amount of remuneration for the teaching load more or less than the norm is subject to a proportional increase or decrease in comparison with the size of their wage rate.

The duration of the normalized part of the pedagogical work of teaching staff is determined in astronomical hours and includes classes, regardless of their duration, and short breaks (changes) between them (footnotes 3 and 4 of the appendix to Decree of the Government of the Russian Federation N 191). At the same time, the number of hours of study load established for the specified employees during billing corresponds to the number of classes they conduct, lasting, as a rule, not exceeding 45 minutes.

The duties of teachers who conduct teaching work, in addition to teaching work, are specified in paragraph 2.3 of the Regulations on the features of the working hours.

The work of teachers, instructors, teachers of additional education, trainers-teachers, in addition to training sessions, does not have clear boundaries and norms, since it depends on various circumstances.

It should be noted that the nature of most of the pedagogical work provided for in clause 2.3 of the Regulations on the peculiarities of the working hours allows us to conclude that its implementation is not carried out on certain working days of the week, but is calculated for longer periods: for a month, academic quarter, half a year , academic year, in connection with which such work should be regulated by the relevant plans and work schedules.

The establishment of any norms of time for its implementation, artificially increasing the working time of pedagogical workers in excess of its normalized part related to teaching work, is not provided, with the exception of the norm of time determined by the Regulations on the peculiarities of the working hours for duty during the educational process.

Salary Guarantees for Teachers and Lecturers

When applying Decree of the Government of the Russian Federation N 191, it is also necessary to pay attention to the fact that for individual teachers who cannot be provided with a full teaching load, guarantees are provided for paying the wage rate in full, provided that they are supplemented to the established norm of hours by other pedagogical work (footnote 4 appendices to the said resolution).

These teachers include:

Teachers of grades 1-4, if the absence of a full teaching load is due to the transfer of teaching lessons foreign language, music, fine arts and physical education for specialist teachers;

Teachers of grades 1-4 of rural educational institutions with a non-Russian language of instruction, who do not have sufficient training to conduct Russian language lessons;

Russian language teacher in rural elementary general education schools with a non-Russian language of instruction;

Teachers of physical culture of rural general educational institutions, teachers of a foreign language of general educational institutions located in the villages of logging and rafting enterprises and chemical forestry enterprises.

These teachers must be informed about the impossibility of providing them with a full teaching load for these reasons and additional pedagogical work up to the norm of teaching hours established by him, while maintaining the wage rate in full, no later than two months before changing these conditions.

For example, if in grades I-IV the transfer of teaching the number of hours provided for by the curriculum for conducting classes in music, fine arts, physical education led to a decrease in the teaching load of teachers primary school and the remaining teaching load is less than 20 hours per week, these teachers wage should be paid in an amount not lower than the monthly wage rate, provided that they are supplemented to the established norm of hours by other pedagogical work.

If the school has not created the necessary material base for the teaching of these subjects by specialist teachers or there are no such specialist teachers, and also in cases where this is inappropriate for other reasons, primary school teachers have the right to teach these subjects themselves, incl. with the corresponding additional payment for teaching hours exceeding 20 hours per week.

The transfer of teaching in the primary grades of other subjects (for example, labor lessons) without the consent of teachers is not allowed.

It should be noted that Decree of the Government of the Russian Federation N 191 also provides guarantees for the preservation of wages for teachers of general educational institutions, teachers of institutions of primary and secondary vocational education (footnote 4 of the appendix), for which, for reasons beyond their control, during the academic year, the teaching load decreases compared to teaching load set at the beginning of the academic year.

The guarantee of keeping wages for teachers and teachers in accordance with Decree of the Government of the Russian Federation N 191 and on the conditions specified therein actually means that the employment contract cannot be terminated with these employees until the end of the academic year for any amount of workload remaining after reducing the teaching load, even if its complete absence.

The reasons for the decrease in the teaching load, which do not depend on teachers and professors, are, for example, a reduction in the number of hours curriculum, reduction of classes (groups), early graduation of students.

The specified pedagogical workers about the reduction of the teaching load during the academic year for the specified reasons must be notified no later than two months in advance, during which changes in the wages of employees should not be made.

For other pedagogical workers (trainers-teachers, teachers of additional education, educators, etc.), there are no guarantees for maintaining wages until the end of the academic year.

When reducing the number of students, pupils (groups) during the academic year, which entails a decrease in the teaching load (volume of work), employees must be notified by the employer about the decrease in the teaching load (volume of work) and, accordingly, about the change in wages in writing no later than two months, during which the employee is paid wages in the same amount (despite the fact that the workload in the same volume will no longer be fulfilled in the period after notification).

Working hours on the eve of non-working holidays and weekends

When deciding on the duration of work on the eve of non-working holidays and weekends, it is necessary to be guided by Article 95 of the Labor Code of the Russian Federation, according to which the duration of the working day or shift immediately preceding the non-working holiday, decreases by one hour.

In continuously operating organizations and certain types work, where it is impossible to reduce the duration of work (shift) on the holiday day, processing is compensated by providing the employee with additional rest time or, with the consent of the employee, payment according to the norms established for overtime work.

The current version of the Labor Code of the Russian Federation extends the rule on reducing by one hour the duration of the working day (shift) immediately preceding a non-working holiday to all employees, including teachers.

At the same time, taking into account that the working hours of certain categories of teaching staff have their own characteristics, it is necessary to take into account the following.

In accordance with Decree of the Government of the Russian Federation N 191, the working hours of teachers, teachers of primary and secondary vocational education institutions, teachers of additional education, trainers, teachers, as mentioned above, when performing pedagogical work consists of a normalized part (18, 20 hours per week or 720 hours per year) and part of the working time that does not have clear boundaries.

The normalized part of the working time of pedagogical workers conducting teaching work is the amount of teaching load established by him, the implementation of which is regulated by the schedule of lessons (training sessions) in classes, groups, circles, sections, clubs, etc.

Another part of the pedagogical work of these workers, requiring the expenditure of working time, which is not specified in terms of the number of hours, follows from their official duties provided for by the charter of the educational institution, the internal labor regulations of the educational institution, tariff and qualification characteristics, and is regulated by schedules and work plans, incl. personal plans of the teacher (fulfillment of duties related to participation in the work of pedagogical, methodological councils, work on holding parent meetings, consultations, health-improving, educational and other activities provided for educational program and etc.).

Given this feature of the working time of teachers, teachers of primary and secondary vocational education institutions, teachers of additional education, trainers-teachers, it is hardly possible on the eve of non-working holidays to apply a reduction of one hour to the part of their working time related to teaching. Apparently, on the eve of the holidays, it is necessary to limit the involvement of these workers in another part of their pedagogical work, which can increase their working time compared to the teaching load provided for by the class schedule.

Features of the regulation of working hours of persons from among the teaching staff

Unlike teachers and other pedagogical workers mentioned above, the working time of persons from among the teaching staff of educational institutions of higher professional education and educational institutions of additional professional education (advanced training) of specialists has a specific duration - 36 hours a week.

At the same time, the working time regime of these employees also has its own characteristics, since it is determined taking into account the performance of teaching work and the implementation of research, creative and performing, experimental design, educational, methodological, organizational and methodological, educational, physical culture, sports and recreation work.

The mode of performance of teaching work is regulated by the schedule of training sessions.

The volume of teaching work of each teacher is determined by the educational institution independently, depending on the qualifications of the employee and the profile of the department, and cannot exceed 900 hours per academic year - in educational institutions of higher professional education (hereinafter referred to as the university) and 800 hours per academic year - in educational institutions of additional professional education (advanced training) of specialists (hereinafter - IPK).

The mode of fulfillment by a teacher of duties related to research, creative, executive, experimental design work, as well as educational, methodological, organizational, methodological, educational, physical culture, sports and recreational activities, is regulated by the internal labor regulations of the educational institution, plans of scientific and research papers, programs, graphics, etc.

When determining the job responsibilities of persons from among the teaching staff of universities and IPK, it is recommended to apply Approximate time standards for calculating the volume academic work and the main types of educational, methodological and other work performed by the teaching staff of educational institutions of higher and additional professional education. sent to universities by letter of the Ministry of Education of Russia dated June 26, 2003 N 14-55-784in / 15.

In the internal labor regulations of an educational institution, other local acts it is also necessary to determine whether teachers should perform the specified work directly in educational institution, or it may be carried out outside of it.

When addressing the issues of reducing working time on the eve of non-working holidays, university and IPC teachers should proceed from the fact that the working time of university and IPC teachers consists of two components. Taking this into account, it is advisable to reduce their working day by 1 hour on the eve of non-working holidays (as well as for teachers) by performing work in an educational institution directly related to research, creative, executive, experimental design work, educational - methodical, organizational-methodical, educational and other activities.

This material is presented in an abridged version. Full version read in the journal "Issues of Labor Law", N 10, 2006

Zh. Osiptsova, Secretary of the Central Committee of the Trade Union of Public Education and Science Workers of the Russian Federation, Head. legal department

V. Ponkratova, expert of the Central Committee of the Trade Union of Public Education and Science Workers of the Russian Federation

Completed in 2012, 34 pages.

Introduction 3

CHAPTER 1. WORKING TIME: THEORETICAL ASPECTS

1.1. The concept of working time 5

1.2. Working hours 8

CHAPTER 2. FEATURES OF LEGAL REGULATION OF WORKING TIME

2.1. Features of the legal regulation of work at night, work outside the established hours of work, overtime 16

2.2. Mode and accounting of working hours 21

Conclusion 27

References 31

CONCLUSION

As a result of the undertaken research, the following conclusions were made:

1) The International Labor Organization pays great attention to the regulation of working time. 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, in the rights of the parties labor relations determine the boundaries of working time, establish the beginning of the working day, its end, the time for a lunch break, as well as the mode of working hours, through which the working out of the standard of working hours established by the current legislation is ensured.

Working time is measured in the same units as time in general, i.e. in hours, days, etc. Legislation most often uses such meters as the working day (shift) and the working week. 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.

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

2) The criterion for dividing working time into types is the length of working time, depending on which it is customary to allocate the following types of working time: normal, reduced and part-time.

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 employer) 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 workers and temporary workers, seasonal workers, and workers hired for the duration of the work. certain works and etc.

Reduced working hours (Article 92 of the Labor Code of the Russian Federation) - this type of working time, firstly, is established Labor Code and federal laws, secondly, it is obligatory for the employer, and thirdly, it is paid as normal working hours. Its duration is less than the norm, but the duration of reduced working time is not the same for those employees for whom it is established. The law establishes not only the maximum duration of the working week (Article 92 of the Labor Code of the Russian Federation), but also of the working day (Article 94 of the Labor Code of the Russian Federation). Employees with reduced working hours are paid wages on terms similar to those for employees with normal working hours. When establishing a reduced working time, the employee retains all the benefits and benefits provided for by law.

Part-time working time is always shorter in duration than normal or reduced working time. The term "part-time work" itself covers both part-time work and part-time work. This type of working time is established by agreement between the employee and the employer both at the time of employment and subsequently. In addition, the employer (including individual) is obliged to establish part-time work or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child under the age of 18), as well as a person caring for the sick family member in accordance with the medical report.

Thus, normal working hours and reduced working hours are essentially types of full-time working hours during which the employee works out the statutory working hours. This is the difference between reduced working hours and part-time.

3) The mode of working time is the procedure for distributing the work of the enterprise during the day, calendar week, month.

The procedure for distributing working time during the day provides for the number of work shifts, the start and end time of work in each shift, the time of breaks (for eating, technological, etc.), irregular working hours, flexible work schedules, alternation of working and non-working days, division of the working day part, part-time (shift).

The distribution of working time during the week is possible by establishing a five-day working week with two days off, a six-day week with one day off, a working week with staggered days off, and a part-time working week.

The distribution of working time during the month is allowed with a rotational work regime.

The working time regime is established in each organization by regulatory legal acts containing labor law norms, a collective agreement, agreements or internal labor regulations, and for employees whose working hours differ from general rules established by this employer - by an employment contract.

The start and end times of daily work are established in the internal labor regulations and shift schedules adopted by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Art. 372 TK.

4) Labor legislation provides for three main types of accounting for working time: daily, weekly, summarized.

For each of these types, the hours worked for each working day are taken into account.

Daily accounting is applied in the case of the same duration of daily work.

Weekly accounting is applied when the law directly normalizes the working week (40, 36, 24, 12 hours), and the duration of daily work is determined by the schedule within the established weekly norm.

The accounting periods for the summarized accounting of working hours can be a month, a quarter and other periods, but not more than one year.

The summarized accounting of working time is used for shift work for a week, month, quarter, year, if the shifts were of different duration.

This type of accounting of working hours is used continuously. operating enterprises, with the rotational method of organizing work, in railway, water transport, in crop production.

Occurring shortcomings and overwork beyond the shift are balanced within the accounting period and cannot be compensated by a corresponding reduction in other shifts, additional days of rest. Overtime work is recognized as overtime work.

If the actual duration of daily work on certain days does not coincide with the duration of the shift according to the schedule, then processing on some days (within the maximum duration of the shift) is repaid by reducing the working time on other days or providing other days of rest within the accounting period. However, such processing is not considered overtime work.

In conclusion, we note that, in our opinion, the significance of the limitation of working hours by law is as follows:

This ensures the protection of the health of the employee from excessive overwork and contributes to the longevity of his professional capacity for work and life;

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

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.

LIST OF USED LITERATURE:

Regulations

II. Literature

Karsetskaya E., Mikhailov I., Moshkovich M. Working time and rest time // Economic and legal bulletin. 2006. N 9.

Working time is the time during which the employee, in accordance with the internal labor regulations (hereinafter referred to as the PWTR) and the terms of the employment contract, must perform labor duties (Article 91 of the Labor Code of the Russian Federation).

They are not working time, but due to their functional purpose, the following periods are equated to it: breaks for feeding a child (part 4 of article 258, article 264 of the Labor Code of the Russian Federation), downtime (Article 157 of the Labor Code of the Russian Federation), a break for eating at the place of work (part 3 of article 108 of the Labor Code of the Russian Federation), a special break during the working day for heating and rest (part 2 of article 109 of the Labor Code of the Russian Federation), a business trip period, rest between shifts while on duty, etc.

Legal regulation of working time is the establishment in regulatory legal acts of the duration of normal working time, the definition of types of working time, as well as its modes and accounting. labor law the maximum measure of labor (the maximum duration of working time) was established equal to 40 hours, which neither employers, including by agreement with employees, nor the employees themselves have the right to exceed. The exceptions are cases expressly specified in the law (for example, overtime work).

In addition to laws (federal and constituent entities of the Russian Federation), norms on working time may also be contained in other acts that are not related to labor law. Such acts include decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, local governments, as well as local regulations that are valid only within the organization (enterprise) and regulate relations between the employee and the employer, including the distribution and accounting of working time.

Thus, examples of regulatory legal acts that establish periods of working time and other periods related to the working time of certain categories of employees are:

Regulations on the peculiarities of the regime of working hours and rest time, working conditions for certain categories of workers railway transport directly related to the movement of trains (approved by Order of the Ministry of Railways of Russia dated 05.03.2004 N 7);

Regulations on recording the working time of citizens admitted to professional emergency rescue services, professional emergency rescue units for the positions of rescuers (approved by Resolution of the Ministry of Labor of Russia dated 08.06.1998 N 23);

Regulations on the peculiarities of the regime of working hours and rest time for car drivers (approved by Order of the Ministry of Transport of Russia dated 20.08.2004 N 15).

It is necessary to distinguish between the concepts of "working time" and "working hours". Working time is the duration of the working time (for example, 40 hours, 36 hours, etc.), and the working time mode is the distribution established for employees norms of working hours in a particular calendar period.

1. Working hours according to the Internal Labor Regulations

The internal labor regulations (hereinafter referred to as the ITR) are a local regulatory act of the employer that regulates the procedure for hiring and dismissing employees, the basic rights, duties and responsibilities of the parties to the employment contract, the working hours, rest time, incentives and penalties applied to employees, as well as other issues of regulation of labor relations with this employer.

In accordance with Part 1 of Art. 91 of the Labor Code of the Russian Federation in the PWTR it is necessary to reflect the duration of the time during which the employee must perform labor duties, as well as other periods equated to working time. For example, in accordance with Part 2 of Art. 109 of the Labor Code of the Russian Federation, the employer is obliged to provide special breaks that are included in working hours, therefore, in the PWTR it is necessary to determine the duration of the work time itself, as well as the number of such breaks. The duration of the reduced daily work (shift) of employees not directly specified in the law, and other periods of working time should also be established by the local regulatory act of the employer.

Working hours - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, relate to working hours (Article 91 of the Labor Code of the Russian Federation).

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

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

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

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

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

Night time is the period from 22.00 to 6.00 (part 1 of article 96 of the Labor Code of the Russian Federation). At the same time, a shift is considered night if at least half of its duration falls at night (clause 9 of the Decree of the Central Committee of the CPSU, the Council of Ministers of the USSR, the All-Russian Central Council of Trade Unions dated February 12, 1987 N 194 “On the transition of associations, enterprises and organizations of industry and other sectors of the national economy to a multi-shift mode of operation in order to improve production efficiency”).

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

if the employee is hired specifically for work at night (exceptions may be established);
if the employee has a reduced working time (part 3 of article 96 of the Labor Code of the Russian Federation);
if necessary, caused by working conditions;
- if the employee works in shift work with a six-day working week (part 4 of article 96 of the Labor Code of the Russian Federation).

Not allowed to work at night (part 5 of article 96 of the Labor Code of the Russian Federation):

pregnant women (Articles 96 and 259 of the Labor Code of the Russian Federation);
persons under the age of 18. The exception is those involved in the creation and (or) performance of works of art (in accordance with the List of professions and positions approved by the Government of the Russian Federation of April 28, 2007 N 252), as well as athletes, coaches, whose working time conditions may be established by collective agreements, agreements, local normative acts (Articles 96, 348.1 of the Labor Code of the Russian Federation).

Normative acts regulating the duration of working hours. The concept of working time

How to arrange the working hours of employees: Video