Amendments to the labor code have been adopted. No overtime! What you need to know about the new Labor Code
RF, albeit not radically changing the norms labor law, but still clarifying the existing norms, which allows solving some of the urgent issues of employers related to the remuneration of employees.
The amendments provide for the possibility of reducing working hours, including by dividing the working day into parts (Part 1, Article 93 of the Labor Code of the Russian Federation). Previously, it was possible to establish either part-time work (shift) or part-time work week. Moreover, both without a time limit, and for any agreed by the parties employment contract term. In addition, Art. 93 of the Labor Code of the Russian Federation was supplemented with part 2, indicating that incomplete working time is established for the persons listed in the article (pregnant women, 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 persons caring for a sick family member) at a convenient for an employee for a period, but not more than for the period of existence of the circumstances that were the basis for the mandatory establishment of part-time work. At the same time, the mode of working time and rest time, including the duration of daily work (shift), the time of the beginning and end of work, the time of breaks in work, is established in accordance with the wishes of the employee, taking into account the production (work) conditions of this employer. This is important both for the employer and for the employee himself, who is in difficult life circumstances.
The amendments also determine in which cases a part-time worker can be assigned an irregular working day. So, this is possible only if, by agreement of the parties, a part-time working week is established, but with a full working day (shift) (Article 101 of the Labor Code of the Russian Federation).
The legislator also determined that if the duration of daily work (shift) established for an employee does not exceed 4 hours, he may not be given a break for rest and food (Article 108 of the Labor Code of the Russian Federation). This is more than reasonable considering such length of working hours.
In addition, the issue with the payment procedure has been resolved. overtime, often occurring in personnel officers. When calculating overtime hours work on weekends and non-working days is not taken into account holidays, produced in excess of the norm of working time, since it has already been paid in an increased amount or compensated for by another day of rest (Article 152 of the Labor Code of the Russian Federation).
At the same time, the procedure for remuneration of work on weekends and non-working holidays has also been clarified, which especially often leads to erroneous decisions by employers regarding the payment of such time to employees. In particular, an increased payment is made to all employees for the hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on that day (from 0 to 24 hours) are paid at an increased rate (Article 153 of the Labor Code of the Russian Federation). And this is quite fair, although in practice employers often carried out such a calculation earlier.
The Federal Law signed by the President of the Russian Federation was published on June 21, 2017 in Russian newspaper, comes into force on June 29, 2017.
Get rid of atavisms
100 Soviet normative acts declared invalid for 2016-2017 Since 2013, the Russian Ministry of Labor has been uprooting obsolete norms inherited from Soviet labor law, as well as duplicate norms from the Labor Code, the press service of the department reported. At the same time, the code is supplemented with rational provisions from the Soviet labor law of 1930–1980.
The new amendments will change little, Alexander Korkin, head of the St. Petersburg labor law practice group at Pepeliaev Group, is convinced. Employers still have many ways to manipulate the working hours of employees, Gerasimova is convinced. For example, in many universities and institutes, employees are transferred to a part-time job, and they have to work the same way as before, often in the evenings and weekends. A senior researcher at the Physics Institute of the Russian Academy of Sciences told Vedomosti that the mass transfer to part-time work began at their institute, which has a staff of 800 people, in April. Like, the management offered several hundred researchers to switch to a 16- or 20-hour work week with a salary of 40 or 50% of the previous salary and with a bonus for meeting KPIs. The employee herself supplementary agreement to the employment contract on the reduction of working hours and a corresponding reduction in wages is not signed. But the majority did not want to quarrel with the authorities and signed the document. All those who agreed were promised additional payments by decision of the management, but many of these payments have not received. This way of optimizing salaries is a mockery of people, Gerasimova believes. Representatives of the Federal Agency for Scientific Organizations (FASO), which supervises the institutes of the Russian Academy of Sciences, confirmed to Vedomosti that in several scientific institutions, the leadership, on its own initiative, suggested that researchers massively switch to part-time work. The agency did not give orders to transfer staff to a part-time position. It only recommended that the institutions bring average headcount employees in accordance with the actual use of working time. According to FASO representatives, the agency analyzed how researchers use working time and found out that they spend it on work for third-party customers or on personal grants. FASO, together with the trade union of the Russian Academy of Sciences, held explanatory meetings for the leaders of the institutes.
A lot of controversy has arisen over irregular working hours: for example, it is not clear whether those who work on a flexible schedule can be transferred to it, Gerasimova says. Employers think they can. And in fact, an incomplete day, set on paper, turned into a full one and the employer saved on salaries, says Gerasimova. The amendments made it clear: a part-time employee can be transferred to an irregular schedule only if the number of working days per week is reduced, and not hours per working day, and only by agreement of the parties (Article 101 of the Labor Code).
Production requires
Amendments to Art. 93 (“Part-time work”) are useful in that they allow the flexibility to combine part-time work and part-time work, there was no such norm in the Labor Code before, Nikolaenko says. An employee can now be transferred to a part-time job or a week, including splitting the working day into any parts, the lawyer explains. At the same time, Art. 93 of the Labor Code is supplemented with a new part. There, as before, it is said that the employer is obliged to set a reduced week or day for the period that the benefit employee asks for (pregnant women, parents of a child under 14, single mothers, etc.) are considered to be. But a new point has also appeared: that, if necessary, the employer has the right to take into account “the production conditions of this employer,” and this can limit the rights of workers, says Nikolaenko. For example, employers will begin to refuse employees who demand a convenient schedule, referring to the needs of production. Let's say a young mother wants to work from 10 o'clock in the morning, and the conditions of production require her to go to work at 7 o'clock in the morning. This applies to bank tellers, salespeople, cashiers, employees public transport and many others, the lawyer notes.
There is a risk that employers will interpret the law too freely and force employees to agree to a disadvantageous mode of work, she believes.
Employer's perspective
In Art. 108 of the Labor Code (“Breaks for rest and meals”), employers are given relief: employees who work no more than four hours a day are allowed not to have a lunch break, Nikolaenko notes. As a representative of the Sibur petrochemical holding said, the amendments can only affect part-time workers (when the shift does not exceed four hours). Now it will be possible to cancel their lunch break either by the rules internal regulations or a clause in an employment contract. Sibur employs about 28,000 people and about 600 part-time employees.
Come out of the shadow
Economist Yevgeny Gontmakher says that the transition to flexible employment and hourly pay will allow employers to optimize the salary fund and the company will have incentives to come out of the shadows.
As Natalia Maleeva, HR Director of the M.video chain, said, the changes in the Labor Code will not have a serious impact on the business processes of M.video and on the wage fund. The company sees the following advantages in innovations: now an employee can refuse a lunch break if the shift lasts four hours or less; it will be possible, by agreement between the employee and the employer, to establish both a part-time work day and a part-time week, including with the division of the working day into parts. Now for employees of stores, a working week with days off is set on a rolling schedule. And part-time work is established by agreement of the parties in individual cases for less than 1% of M.video employees, Maleeva said.
In salons cellular communication"Euroset" many sellers combine work and study, so the company welcomes a flexible work schedule, says Elena Korol, director of the department for working with people. In her opinion, many people are ready to work only part-time, and it will be easier to formalize labor relations with such employees.
The amendments to the TC seem to be timely. The development of technology will inevitably lead to a reduction in the length of the working week - such a forecast was recently given by First Deputy Prime Minister Igor Shuvalov. And this will affect both production and white-collar workers with irregular schedules.
On June 18, 2017, the President of the Russian Federation signed amendments to Labor Code of the Russian Federation (125-FZ), which touched upon the issues of providing part-time work, the procedure for providing breaks for rest and meals, the peculiarities of establishing an irregular working day for certain categories and amendments to Articles 152 and 153 of the Labor Code of the Russian Federation that regulate the peculiarities of payment for overtime work and work in weekends and holidays.
Let's briefly dwell on each change and discuss what new they will bring to the organization of work with personnel.
1. Changes in part-time work
Article 93 of the Labor Code of the Russian Federation retains the possibility of establishing part-time work by agreement of the parties, but with the possibility of dividing the working day into parts.
There was a specification that part-time work can be established both without a time limit, and for any period agreed by the parties.
For employees (a pregnant woman, one of the parents (guardian, custodian) of a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person caring for a sick family member), the establishment of part-time work remained the responsibility of the employer, but at the same time, a condition arose for which period this can be done - no more than for the period of the presence of circumstances that were the basis for the mandatory establishment of part-time work.
The conditions that the employer is obliged to take into account as the wishes of the employee, if he belongs to the above categories, are specified (working time and rest, work duration, start and end time, work breaks).
2. Irregular working hours
Article 101 of the Labor Code of the Russian Federation has been supplemented with a new part, according to which the procedure for establishing an irregular working day for employees working on a part-time basis is specified.
An irregular working day, by agreement of the parties to an employment contract, may be established for an employee working on a part-time basis, but with a full working day.
For example, if an employee has a 24-hour work week with three working days of 8 hours, then you can set. And if, with a working week of 25 hours, the employee is set a five-day working week, but with an incomplete day (5 hours), then the employer is not entitled to establish an irregular day.
3. The procedure for providing a break for rest and meals to employees who have a short working day
Article 108 of the Labor Code of the Russian Federation now provides for the possibility not to provide breaks for rest and meals to employees if the length of working time established by it does not exceed four hours a day.
4. Addition to the overtime payment procedure
Article 152 of the Labor Code of the Russian Federation was supplemented with a new part, according to which work on non-working and / or holidays and weekends in excess of the normal working time, paid in an increased amount or compensated for by providing another day of rest in the manner prescribed in Article 153 of the Labor Code of the Russian Federation, should not be taken into account when determining the amount of overtime payable. Those. in the number of hours (120 per year) these hours are included, but not paid, as they were already guaranteed earlier.
In practice, such questions are primarily faced by companies that have a summed. Arbitrage practice on this issue was very controversial - now this issue is in labor law specified.
5. Procedure for payment for work on weekends and holidays
Article 153 of the Labor Code of the Russian Federation specifies that payment for work on a day off is made in proportion to the time worked, that is, the employer pays for the hours that the employee actually worked on the day off. At the same time, the Labor Code of the Russian Federation in this article now indicates a clear separation of the working and non-working or public holidays, which occurs at 00 o'clock and until 24 o'clock.
Therefore, the accounting of hours falling on different calendar days will be carried out separately and paid taking into account the change in the status of the day.
For example, if an employee went to work on night shift on a pre-holiday day, then a holiday will begin at 24.00 and payment for the entire time from 00.00 hours is doubled.
Similarly, this must be taken into account when business trips of employees, during overtime work, which may go beyond one calendar day, in other cases.
6. A technical addition was made to part of Article 279 of the Labor Code of the Russian Federation
This addition does not provide for the employer any changes in the procedure for applying the article. With its help, they are brought into a standard unified procedure for describing the norms in the Labor Code.
As for the date of its entry into force, we can say the following. federal law dated 06/14/1994 N 5-FZ "On the procedure for the publication and entry into force of federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly" determines the procedure for the entry into force of regulatory legal acts. Based on the requirements of Article 4, the official publication of a federal constitutional law, a federal law, an act of a chamber of the Federal Assembly is the first publication of its full text in Parliamentary Newspaper, Rossiyskaya Gazeta, Collection of Legislation Russian Federation” or the first placement (publication) on the “Official Internet Portal of Legal Information” (www.pravo.gov.ru). Federal constitutional laws, federal laws are sent for official publication by the President of the Russian Federation.
Article 6 defines the requirement that federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly enter into force simultaneously throughout the territory of the Russian Federation after ten days after the day of their official publication, unless the laws themselves or acts of the chambers establish a different procedure for their entry into force. .
The official publication of 125-FZ took place on June 18, 2017 on the website publication.pravo.gov.ru/…/president. Publication in the Russian newspaper - June 21, 2017. The effective date for these changes is June 29, 2017.
The new edition of the Labor Code of the Russian Federation came into force on June 29, 2017. The amendments were made by the Federal Law of June 18, 2017. No. 125-FZ "On Amendments to the Labor Code of the Russian Federation". The changes determined new working and rest conditions, wages on weekdays, weekends and holidays. Corresponding changes should be made by many employers in labor agreements.
Article 93 Part-time work
Firstly, the changes affected Article 93 of the Labor Code of the Russian Federation “Part-time work”. The legislation establishes a more precise concept of part-time work. Now it could be:- part-time or shift;
- part-time work week, including the division of the working day into parts;
- part-time and part-time work at the same time.
- pregnant women;
- one of the parents (guardians, trustees) who has a child under the age of 14 (a disabled child under the age of 18);
- persons caring for a sick family member in accordance with a medical report.
Here is a sample application:
You can download a sample application for part-time work.
Based on the application, an order is issued to work on a part-time basis. Here is his sample:
You can download a sample order for part-time work.
At the same time, part-time work is set for a period convenient for the employee, but not more than for the period of existence of the circumstances that served as the basis for the mandatory establishment of part-time work.
For example, a pregnant employee must be given part-time work or part-time work before the start of maternity leave.
Also, taking into account the wishes of the employee and working conditions, this employer establishes a regime of working hours and rest, including:
- duration of daily work (shift);
- start and end time of work;
- break time at work.
Article 101 "Irregular working hours"
For an employee working on a part-time basis, an irregular working day can be established only if, by agreement of the parties to the employment contract, a part-time working week is established, but with a full working day (shift).A prerequisite is one moment - the day must be fully worked out. If an incomplete day is worked out, then the employer does not have the right to set an irregular day.
Article 108 Breaks for rest and meals
According to the Labor Code of the Russian Federation, an employee must be given a break for rest and food. The minimum break time is 30 minutes and the maximum time is 2 hours. At the same time, the time allotted for the break is not included in the working time.The amendments introduced by Law No. 125-FZ make it possible not to provide an employee with a break for rest and food, subject to two conditions:
1. Duration of daily work (shift) does not exceed 4 hours;
2. This condition must be fixed by the rules of the internal labor order or an employment contract.
Article 152 Overtime pay
This article regulates the amount of payment for overtime work. Payment is:- for the first two hours - not less than one and a half times;
- for the following hours - not less than double the amount.
An employee can refuse increased pay and take a day off on any working day. But at the same time, no less than the time he worked overtime.
Article 153 "Payment on weekends and non-working holidays"
A new paragraph appeared in Article 153 of the Labor Code of the Russian Federation: “Payment in an increased amount is made to all employees for hours actually worked on a weekend or non-working holiday. If part of the working day (shift) falls on a weekend or non-working holiday, the hours actually worked on the weekend or non-working holiday (from 0 hours to 24 hours) are paid at an increased rate.Thus, the payment must be made at least twice the amount.
Only hours worked are payable for work on weekends or public holidays, not as for full-time work.
Let's say an employee goes to work on Saturday for 1 hour and his rate is 1000 rubles per day. This 1 hour will be subject to double payment. Wage for work on a day off will be: 1000*1/8*2 = 250 rubles.
