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Working time in case. What is working time according to the Labor Code - duration and modes. Working hours at night

The concept of "time" refers to the philosophical, it is an abstract value adopted for orientation in the human perception of reality.

But there is an area in which this concept is filled with a very specific content and has a very specific meaning - this is the sphere of work. Obtaining the right to carry out labor activity, a person will exercise it within the framework regulated by law.

Consider the nuances associated with the use of the term " work time» in legislative acts, in particular, the Labor Code of the Russian Federation.

Define the term "working time"

Art. 91 of the Labor Code of the Russian Federation gives a fairly strict definition of this term. Work time- this is the period during which hired personnel must fulfill their functional responsibilities regulated in the terms of the employment contract and the internal labor regulations.

Working hours also include certain other periods that are considered as such in accordance with legislative acts, namely:

  • shift change;
  • stay on a business trip;
  • break for lunch, if at this time you can not leave your workplace;
  • special breaks for workers during the cold periods of the year, for loading operations and so on.;
  • when delivered by the transport of the enterprise - time on the road to and from work, etc.

Time to work and time to rest

IN labor law working time is directly opposed to leisure time. Coordinating the working hours, the employer must necessarily regulate, along with working hours, non-working hours.

Time to rest- these are the periods when the employee is free from the requirements of the labor schedule and has the right to dispose of them at his own will (Article 106 of the Labor Code of the Russian Federation).

TO free time relate:

  • unpaid breaks during a shift or working day;
  • preparation time for the start of work and for its end;
  • time before the start and after the end of work (according to the schedule);
  • weekends (weekly rest);
  • public holidays;
  • vacation (usual annual).

FOR YOUR INFORMATION! Lunch break given to employees in the middle work shift(day) lasting not less than half an hour and not more than 2 hours, not included in working hours (Article 108 of the Labor Code of the Russian Federation).

Temporary standards enshrined in the Labor Code

The legislation regulates several time intervals related to working time, for which certain standards are established.

  1. Work shift or day- Daily employment. Its duration is not explicitly fixed in the law. It is allowed to divide it into parts. Limits are set to limit this interval:
    • 2.5 hours - for schoolchildren or students under 16 years old, both students and workers;
    • 3.5 hours - for the same category from 16 to 18 years;
    • 5 hours - for young workers up to 16 years of age;
    • 7 hours - until the 18th anniversary of employees;
    • 6 hours - for employees of hazardous industries with a week of 30 hours;
    • 8 hours - for them, if the week is 36 hours;
    • as indicated in the medical report - for the disabled.
  2. Work week- the most common interval used for calculations. The basis is the duration of work from Monday to Sunday (with one or two days off). Art. 91 sets "normal" work week which is 40 hours. Other weekly norms are also regulated:
    • incomplete week- introduced by agreement between the parties, when the payment is considered in proportion to the hours worked, such a schedule can be established for certain categories of employees (pregnant, caring for children or the disabled, parents of children under 14 years old);
    • shortened week- provided for by the regulations of the Labor Code and internal documentation, when the normal duration is reduced due to the specifics of the working contingent (minus 4 hours or more per week for workers in hazardous industries, as well as young workers under 18; up to minus 5 hours - for disabled people; minus 16 hours - for the first job of 14-16-year-old employees).
  3. Accounting period- the time period chosen to take into account the number of hours worked and correlate them with the norms. This is a certain form of control, reflecting the measure of this category. In the accounting period, a defect or processing is revealed during working hours. This gap is fixed in the regulatory documents of the company and can be:
    • month;
    • quarter;
    • any other period not exceeding a year.
  4. Employment limit- the limit above which the employer is not entitled to load an employee. Sometimes employees themselves express a desire (consent) to work beyond established norms(overtime) for a fee. But the law does not allow to abuse this, for which the limiting norms are established:
    • with a working day of 8 hours, processing cannot be longer than 4 hours;
    • when working part-time, you cannot be employed for more than half the working day (except for free days at the main place);
    • in any accounting period, part-time work is prohibited from processing more than 50% of the norm.

Working hours before holidays

On the day before the holiday (but not the usual weekly) day off, Art. 95 of the Labor Code of the Russian Federation prescribes to reduce the length of the working day (shift) by 1 hour. In those enterprises where this is not possible (for example, continuous production), instead of reducing working hours, the employee will be given additional time for rest or will be paid for processing as overtime (upon prior agreement with him).

Working hours at night

If duties require an employee to work in a biologically unintended period of time from 10 pm to 6 am, then his shift (it would no longer be entirely correct to say “working day”, since night is meant) should be shorter by 1 hour than corresponding daytime. Payment for such shifts is also increased.

If an employee works on a reduced or part-time week, night shift he will not be cut.

When the obligation to work at night is fixed in the collective agreement, the reduction is also not made.

About working hours

For a long time, the length of the working day was considered the main measure of working time (it was precisely for its reduction, in particular, that the proletariat fought during the revolution). In the legislation of our country in 2001, the place of the accounting norm was taken by the working week, the features of which form the basis of one or another mode of working time (Article 100 of the Labor Code of the Russian Federation):

  • a working week of 5 days with two days off (fixed or "floating");
  • working week of 6 days with one day off;
  • working week with rolling days off;
  • part-time work week.

In addition to accounting based on the working week, other modes of working hours can be applied:

  • irregular working hours (for specialized categories);
  • flexible working hours;
  • shift mode;
  • working day divided into parts;
  • summarized account.

NOTE! The working time regime is an essential condition, without which an employment contract cannot be lawful. The signature of the employee on the contract indicates his consent to the proposed work regime.

The employer must clearly regulate the working hours in the internal documentation of the organization. Its required elements are:

  • duration of the accounting unit (working week);
  • start and end times of shifts (working day);
  • set break times;
  • number of shifts per working day;
  • weekend schedule.

This information is documented in a collective agreement or individual agreement. labor agreement, as well as in the internal labor regulations (a special section "Working time and its use" is intended for this).

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 Russian Federation refer to working hours.

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 body executive power executing the functions of developing state policy and legal regulation in the sphere of labor.

(Part three was introduced by Federal Law No. 157-FZ of July 22, 2008)

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

Article 92. Reduced hours of work

Reduced working hours are set:

for employees under the age of sixteen - no more than 24 hours a week;

for employees aged sixteen to eighteen years - no more than 35 hours per week;

for employees who are disabled people of group I or II - no more than 35 hours a week;

for workers employed in work with harmful and (or) hazardous conditions labor - no more than 36 hours a week in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

(part one in ed. federal law dated 30.06.2006 N 90-FZ)

Students working hours educational institutions under the age of eighteen, working during the academic year in their free time, may not exceed half of the norms established by the first part of this article for persons of the corresponding age.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

This Code and other federal laws may establish reduced working hours for other categories of employees (pedagogical, medical and other employees).

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 93. Part-time work

By agreement between the employee and the employer, part-time work (shift) or part-time work week can be established both at the time of employment and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, custodian) who has a child under the age of fourteen (a disabled child under the age of eighteen), as well as a person exercising caring for a sick family member in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

When working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed by him.

Work on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

Article 94. Duration of daily work (shift)

The duration of daily work (shift) cannot exceed:

for employees aged fifteen to sixteen - 5 hours, for those aged sixteen to eighteen years - 7 hours;

for students educational institutions, educational institutions of primary and secondary vocational education those who combine study with work during the academic year, at the age of fourteen to sixteen years - 2.5 hours, at the age of sixteen to eighteen years - 4 hours;

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

for the disabled - in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

For workers employed in jobs with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum allowable duration of daily work (shift) cannot exceed:

with a 36-hour work week - 8 hours;

with a 30-hour work week or less - 6 hours.

The collective agreement may provide for an increase in the duration of daily work (shift) in comparison with the duration of daily work (shift) established by part two of this article for employees employed in work with harmful and (or) dangerous working conditions, subject to the maximum weekly duration of the worker. time (part one of Article 92 of this Code) and hygienic standards of working conditions established by federal laws and other regulatory legal acts of the Russian Federation.

(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)

The duration of the daily work (shift) of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be established by a collective agreement, a local normative act, an employment contract.

(Part four was introduced by Federal Law No. 90-FZ of 30.06.2006, as amended by Federal Law No. 13-FZ of 28.02.2008)

Article 95

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

On the eve of the weekend, the duration of work with a six-day working week cannot exceed five hours.

Article 96. Night work

Night time is from 22:00 to 06:00.

The duration of work (shift) at night is reduced by one hour without subsequent working off.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically for work at night, unless otherwise provided by the collective agreement.

The duration of work at night is equalized with the duration of work in the daytime in cases where it is necessary for working conditions, as well as in shift work with a six-day working week with one day off. The list of the specified works can be determined by the collective agreement, the local normative act.

To work at night are not allowed: pregnant women; employees under the age of eighteen, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of employees in accordance with this Code and other federal laws. Women with children under the age of three, disabled people, employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation , mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age, may be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with medical advice. At the same time, these employees must be informed in writing of their right to refuse to work at night.

(as amended by Federal Laws No. 97-FZ of 24.07.2002, No. 90-FZ of 30.06.2006)

The procedure for work at night of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be established by a collective agreement, a local normative act, an employment contract.

(as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 13-FZ of 28.02.2008)

Article 97. Work outside the established duration of working hours

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The employer has the right, in accordance with the procedure established by this Code, to involve an employee in work outside the working hours established for this employee in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, local regulations, employment contract (hereinafter referred to as the length of working time established for the employee):

for overtime work (Article 99 of this Code);

if the employee works on irregular working hours (Article 101 of this Code).

Article 98 - Federal Law of June 30, 2006 N 90-FZ.

Article 99. Overtime work

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Overtime work is 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 time - in excess of the normal number of working hours for the accounting period.

Involving an employee in overtime work by an employer is allowed with his written consent in the following cases:

1) if necessary, perform (finish) the work begun, which, due to an unforeseen delay due to specifications production could not be performed (completed) during the working hours established for the employee, if the failure to perform (non-completion) of this work may entail damage or destruction of the property of the employer (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property, or endanger the life and health of people;

2) in the performance of temporary work on the repair and restoration of mechanisms or structures in cases where their failure may cause the termination of work for a significant number of employees;

3) to continue work in the absence of a replacement employee, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee.

Engaging an employer of an employee to work overtime without his consent is allowed in the following cases:

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

In accordance with Federal Law No. 417-FZ of December 7, 2011, effective January 1, 2013, in clause 2 of part three of this article, the words "water supply, gas supply, heating, lighting, sewerage systems" will be replaced by the words "centralized hot water supply systems, cold water supply and (or) water disposal, gas supply systems, heat supply, lighting, ".


2) in the production of public necessary work to eliminate unforeseen circumstances that violate the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications;

3) in the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency situations, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, endangering the life or normal living conditions of the entire population or part of it.

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 body of the primary trade union organization.

It is not allowed to involve pregnant women, employees under the age of eighteen, other categories of employees in overtime work in accordance with this Code and other federal laws. Involvement in overtime work of disabled people, women with children under the age of three years is allowed only with their written consent and provided that this is not prohibited by them for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people, women with children under the age of three, must be familiarized with their right to refuse overtime work against signature.

The duration of overtime work should not exceed for each employee 4 hours for two consecutive days and 120 hours per year.

It is the employer's responsibility to ensure that each employee's overtime hours are accurately recorded.

How to name the following work modes in the internal labor regulations? Work in the department is carried out 6 days in a row, after which a day off is provided, which can fall on any day of the week (each employee has different days of the week). Summarized accounting of working hours. Accounting period - calendar year. In order to reach the annual norm of working time, additional employees are provided with additional days of rest during the year on different days of the week.2. Employees of the department work five days a week with days off Monday, Tuesday. Summarized accounting of working hours. The accounting period is a calendar year. In order to reach the annual norm of working time, in addition, employees are provided with additional days of rest during the year, common to employees of the entire department. Thank you.

Answer

Answer to question 1: Work in the department is carried out 6 days in a row, after which a day off is provided, which can fall on any day of the week (for each employee there are different days of the week). Summarized accounting of working hours. The accounting period is a calendar year. In order to reach the annual norm of working time, employees are additionally provided with additional days of rest during the year on different days of the week.

In this case, employees are set a work schedule that provides for a working week with the provision of days off on a rolling schedule () - the so-called sliding mode.

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In this case, it is made work schedule with the provision of days off on different days (sliding schedule). This takes into account general rules working time, and, if necessary, the norms for certain categories of employees (minors employed in work with harmful conditions labor, etc.). The schedule, as a rule, is drawn up immediately for the entire accounting period in such a way as to prevent overwork or shortcomings to the norm. Weekends are usually provided in a row (), but this is not a requirement. The main thing is that the duration of the weekly uninterrupted rest is at least 42 hours (). The longer the accounting period the employer chooses, the more chances he will have to avoid violating the norms of work and rest.

According to part 2 of Art. 22 of the Labor Code of the Russian Federation, the employer is obliged to acquaint employees under signature with the adopted local regulations relating to them labor activity. Therefore, employees must be familiarized with the rolling work schedule under the signature.

As for the deadline for compiling a rolling schedule and the procedure for familiarizing employees with it, in practice, in this situation, the deadlines established by Art. 103 of the Labor Code of the Russian Federation for shift schedules. In other words, employees are introduced to information about working days and days off at least a month before the rolling schedule is put into effect. This approach is absolutely correct. In addition, it will not cause complaints from regulatory authorities.

But the employer has the right to establish more short term familiarization, for example, two weeks before the schedule is put into effect, fixing this rule in a local act. In the event of a dispute and accusations on the part of the employee of violating the deadlines, it is necessary to focus on the absence in the legislation of the norms regarding the sliding schedule. And if the employee's employment contract does not contain a shift regime clause, then the court will most likely reject this charge (appeal ruling of the Arkhangelsk Regional Court dated August 15, 2013 in case No. 33-4484 / 2013).

Answer to question 2: Employees of the department work five days a week with days off Monday, Tuesday. Summarized accounting of working hours. The accounting period is a calendar year. In order to reach the annual norm of working time, in addition, employees are provided with additional days of rest during the year, common to employees of the entire department.

In this case, there is a five-day work week with two fixed days off. Under this regime, the provision of additional days off to comply with the norms of working hours of the Labor Code of the Russian Federation is not provided. This option is possible if a sliding mode is set for employees, and days off are determined by the work schedule. With a five-day working week, as a rule, not summarized, but daily accounting is used, and the norm of working time must be observed during the week.

Important : we believe that the work schedule with days off on Monday and Tuesday does not comply with labor laws.

According to Art. 111 of the Labor Code of the Russian Federation, Sunday is a common day off for all employees. The second day off with a five-day working week is established by a collective agreement or internal labor regulations. Both days off are provided, as a rule, in a row.

It is allowed to provide a day off not on Sunday, but on another day of the week only in one case: when, according to the conditions of production, it is necessary to ensure continuous manufacturing process, and employees work on a staggered schedule with days off on different days of the week according to the schedule.

In the situation under consideration, based on the text of the question, there is a regular five-day work week with two days off, and one of these days off must fall on Sunday.

Note:

IN scientific literature the position was expressed that the establishment of days off for an employee not on Saturday and Sunday is permissible, but to provide days off on other days of the week (in the absence shift schedule works) the following legally significant circumstances must be proved:

  • the presence of specific production, technical and organizational conditions that do not allow for the provision of days off on Saturday and Sunday. Among such conditions, in particular, is the need to serve the population throughout the calendar week (however, in this case, a work schedule with rolling days off is more suitable);
  • the inclusion of this condition in the internal labor regulations of the organization, adopted in the manner prescribed by law;
  • familiarization of the employee in writing with this condition of the internal labor regulations.

When establishing holidays on different days of the week, you should also follow the rules on the need to provide holidays for two days in a row with a five-day working week, on reducing work on the eve of a day off to five hours with a six-day working week, and also on providing a weekly uninterrupted rest of at least 42 hours.

At the same time, there is no judicial practice or official explanations supporting this point of view, and the opinion of individual experts remains the opinion of individual specialists.

Based on the foregoing, in order to avoid administrative liability for violation labor law, we cannot recommend that you use the mode of operation you provided. If necessary, the employee can set a rotating work schedule (described in the answer to the first question), and provide days off on different days of the week in accordance with the schedule. In this case, the employer will not have problems with adjusting the norm of working hours by providing additional days off.

Details in the materials of the System Personnel:

1. Magazine: Personnel business, No. 5,

Working conditions

Rolling schedule: how is it different from shift work?

Alena SHEVCHENKO, lawyer, expert of the Kadrovoe Delo magazine

Hot questions:

Many organizations, especially in the public service sector, use rotating work schedules, for example, “two in two”, “day in three”. At the same time, employers often do not know how to properly set a working week with days off on a rotating schedule and how this mode differs from shift work. In addition, companies do not always take into account that when working on a staggered schedule, normal daily or weekly work hours cannot usually be met. Therefore, it becomes necessary to apply the summarized accounting of working hours. *

What is the name of the work schedule if employees work for two days and rest for two days?

Working in a mode where two working days alternate with two days off is called a shift or something else? What should be taken into account when setting this mode?

The named mode of operation is not interchangeable. The fact is that during shift work, the same labor duties are performed by different employees (a group of employees) in two, three or four shifts per day (). With a two-by-two schedule, duties in a certain period are performed by the same employee (group of employees) within one working day (sample below). The weekend falls on a different day of the week each time. That is, employees are set a work schedule that provides for a working week with the provision of days off on a rolling schedule (). At the same time, the summarized accounting of working hours is entered.

download sample

Is it possible to set a five-day working week with rolling holidays?

The director wants to give employees a regular 40-hour, five-day work week. But the weekend will be provided on different days according to the schedule. Is it possible to set this mode?

Yes, it is possible to introduce a 40-hour work week with staggered days off. If the weekend is not set in a row, you need to remember that the duration of the weekly uninterrupted rest cannot be less than 42 hours (). If employees cannot ensure the normal duration of daily work, then in order to accurately record working time, we recommend using the summarized accounting of working hours ().

The mode of the working week with days off according to a sliding schedule, as well as the use of the summarized accounting of working hours, must be fixed in the internal labor regulations. If an employee's schedule differs from general rules established with this employer, the elements of the regime are also fixed in the employment contract (, Labor Code of the Russian Federation).

If previously the organization or some of its employees worked differently, then a new mode of operation can be introduced by agreement of the parties () or in connection with a change in organizational or technological working conditions (). In the first case, you can immediately conclude additional agreements with employees to employment contracts. If the changes are related to changes in working conditions, employees must be notified of the transition to a new mode of work in writing at least two months in advance ().

How to set up a flexible work schedule?

Do I need a shift schedule when working "two by two" or is a different schedule drawn up? How many days do you need to familiarize employees with it?

In this case, not a shift schedule is drawn up, but a work schedule with days off on different days (a rolling schedule). In this case, the general norms of working time are taken into account, and, if necessary, the norms for certain categories of employees (minors, employed in work with harmful working conditions, etc.). The schedule, as a rule, is drawn up immediately for the entire accounting period in such a way as to prevent overwork or shortcomings to the norm. Usually weekends are provided in a row (). But this is not a mandatory requirement. The main thing is that the duration of the weekly uninterrupted rest is at least 42 hours (). The longer the accounting period the employer chooses, the more chances he will have to avoid violating the norms of work and rest.

Fix the deadline for familiarizing employees with a rolling schedule in a local regulation or directly in employment contracts.

Duration of work in holidays decreases by one hour. If this is not possible under the conditions of work, processing is compensated for by additional rest time or, with the consent of the employee, by payment according to the norms established for overtime work ().

Unlike shift work, when developing a schedule, it is not necessary to take into account the opinion of the trade union, if one has been created in the organization. Also, the legislation does not require employees to be acquainted with the schedule for the month. However, it should be communicated to employees in advance so that they know when to go to work, so you can focus on a monthly familiarization period.

Expert advice

Alexandra IONOCHKINA, Head of Department of Federal State Supervision No. 3 GIT in Moscow

Set the summarized accounting of working hours if you use rolling schedules

With a working week with the provision of days off on a sliding schedule, it is necessary to establish a summarized accounting of working hours (). This is due to the fact that with a rolling work schedule, for example, “two in two”, it is not possible to provide an employee with a normal daily or weekly work duration. Therefore, the employer must ensure that the normal number of working hours for the selected accounting period (month, quarter, etc., but not more than a year) is observed. It must be remembered that for certain categories of employees, the legislation establishes a special duration of the accounting period (). So, for workers employed in work with harmful or dangerous working conditions, the accounting period is three months, for drivers - according to general rule, one month ( , regulations, approved ).

What to put in the report card with the “day after three” schedule?

Our security guards work every other day, that is, they are at work 24 hours: from 7 am one day to 7 am the next day. What to put in the time sheet - 24 or 23 hours? How to correctly code night work in the time sheet?

When working on a 3-day schedule, work hours may be 24 hours or less. It all depends on whether the employer has the opportunity to provide the employee with a break for rest and food. If there is lunch, then it is not included in working hours, in which case the working day will be less than 24 hours (). Depending on the duration of the break, the working day can be from 22 to 23.5 hours. During daily work, the break, as a rule, is two hours (an hour in the first and second half of the shift).

If a lunch break is not provided, then the employer is obliged to provide the employee with the opportunity to rest and eat during working hours (). In this case, the working day lasts 24 hours, this number of hours is entered in the time sheet. If employees are initially accepted with the condition of working at night, then with a rolling schedule, the duration of work at night is not reduced by an hour ().

The time sheet is filled in as follows. The days worked are indicated by the code "I" or "01" if the organization uses unified forms, indicating hours of work. Night hours are marked separately with the code "H" or "02" indicating the number of hours that fall on one day (from 22.00 to 00.00) and the next day (from 00.00 to 06.00).

Extra charge per hour night work is at least 20 percent tariff rate or salary calculated per hour of work. Specific wage increases are set local act, collective or labor contract ( , ).

Is it possible to enter a summary account for drivers if they have an irregular working day?

The driver and the personal driver have an irregular working day. Is it possible to enter a summarized accounting of working hours for them, since employees work a significant amount of time every day?

If overtime work when the summarized accounting of working time falls on holidays, then it is not necessary to separately take it into account when paying, since it has already been paid in double size ( Clarifications approved, decision Supreme Court Russian Federation dated November 30, 2005 No. GKPI05-1341).

It is possible to set the summarized accounting of working hours, but it should be remembered that it is actually incompatible with an irregular working day. The latter involves episodic involvement in work outside the established working hours at the initiative of the employer (). At the same time, processing is not paid, but is compensated by the provision additional leave. In summary accounting, hours worked in excess of the norm are counted at the end of the accounting period and paid as overtime work (Art. , Labor Code of the Russian Federation). Thus, by introducing summarized accounting of working hours for drivers, it makes sense to cancel the irregular working day regime. Also note that for drivers there are special rules for applying the summarized accounting of working hours (, approved).

Can an employee with a staggered schedule refuse to work on a holiday?

The watchman has a 12-hour working day and a working week with days off according to a rolling schedule (“two in two”). Can he refuse to work on a holiday (May 9), if work on this day is scheduled?

No, he can not. As a general rule, work on weekends and non-working holidays is prohibited (). However, if the employment contract establishes a work schedule with days off on a rolling schedule and the employee is familiarized with the schedule against signature, then he does not have the right to refuse to work on a holiday. Work on a holiday in this case is included in the norm of working time. Absence from work may be regarded by the employer as absenteeism. But labor on a non-working holiday must be paid at least double the amount ().

Normative base

Important Findings

1. The working regime, which provides for a working week with days off on a staggered schedule, must be fixed in the internal labor regulations, and if it differs from the general rules in force at the employer, then in labor contracts with employees (Article , Labor Code of the Russian Federation).

2. Organizations that use sliding work schedules can introduce a summarized accounting of working hours ().

​3. It is not necessary to obtain the consent of the employee to work on a holiday according to the schedule, but it must be paid at least double the amount ().

2. Regulatory framework: Labor Code of the Russian Federation

Article 111. Holidays

All employees are provided with days off (weekly uninterrupted rest). With a five-day working week, employees are provided with two days off per week, with a six-day working week - one day off.

The general day off is Sunday. The second day off with a five-day working week is established by a collective agreement or internal labor regulations. Both days off are provided, as a rule, in a row.

Employers whose work can not be suspended on weekends due to production, technical and organizational conditions are provided with days off on different days of the week in turn for each group of employees in accordance with the rules of internal labor regulations.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

With respect and wishes for comfortable work, Yulia Meskhia,

Expert Systems Personnel

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    • The concept of "time" in the sphere of labor is characterized by specific values ​​and figures, in contrast to the general philosophical concept. It is strictly regulated by law. The main legislative act is the Labor Code of the Russian Federation (Labor Code of the Russian Federation).

    A number of changes were made to it, which entered into force on June 29, 2017. In particular, the conditions for the implementation of labor duties were clarified when establishing a part-time schedule and payments for overtime work. The topic is covered in the chapters of the fourth section. The rights guaranteed by the Labor Code of the Russian Federation must be known to every citizen.

    The essence of the concept of "working time"

    Working time is the cumulative period for the performance of individual labor duties, determined by the contract and the PVR (internal regulations), and others not related to actual work periods. Other legal periods include:

    • forced downtime associated with technical, economic and other reasons;
    • the time of eating without leaving the workplace, if separate breaks are not provided for these purposes;
    • special breaks for heating;
    • time to feed the baby.

    The leader is obliged to coordinate the length of the designated periods with the trade union body. Individual employees (for example, certain categories of drivers) are entitled to breaks for gymnastics.

    For your information

    The working period usually includes the implementation of site preparation for the implementation of work and final activities. Not included here: travel time home, dressing.

    Classification of types of working time according to the Labor Code

    There are different types of time spent on work: normal (40 weekly labor hours), reduced, incomplete, irregular.

    The working day is:

    • normal duration - usually 8 hours (standard);
    • incomplete volume;
    • shortened duration;
    • with a duration that is not included in the standard (overtime, irregular work).
    For your information

    There are also other versions of the working day, developed in the collective agreement of the enterprise.

    Working hours

    Lunch Rules

    Breaks to ensure rest and meals are defined in article 108 of the labor code. Their duration is from 30 to 10 minutes. These periods are not included in working hours and are not paid accordingly.

    IMPORTANT

    IN new edition of the document in question, amendments were made, according to which, with a shift duration of 4 hours or less, the employer has the right not to provide such a break. This is regulated by the PVR.

    If the working situation does not allow providing citizens with a lunch break during working hours, the employer must take care of the possibility of eating within the paid time period of work. It includes all breaks shorter than 30 minutes.

    Features of a medical examination during working hours according to the Labor Code

    Payment for processing

    Processing and performance of labor duties during weekend periods (days) is paid at a double rate (Article 153 of the Labor Code of the Russian Federation) and more to the following persons:

    • employees hired on a piece-rate basis - at a double rate;
    • at daily rates - double daily salaries (or more);
    • at hourly rates - double hourly rates according to the tariff (or more);
    • holders of the official salary - not less than the proportional part of the established salary for the processed hour (day) in excess of the salary amount.

    When calculating payment in the indicated cases, only fixed amounts of payment are taken into account, excluding incentive payments, compensation and social charges. An alternative day of rest (or several) may be provided upon request. In this case, the amount of payment (single) is due only for the worked (initially non-working) day.

    Nuances

    Each of the concepts of working time covered has a lot of nuances. For example, flexible working hours. Many subtleties are taken into account in the total accounting of labor time, seasonal work, during the period probationary period, in other cases. The nuances may have legal, professional specifics and be reflected in the employment contracts of specific enterprises.

    For your information

    An individual leader, based on a 40-hour week determined by law, has the right to calculate best options daily time for work. At the same time, we must not forget about the norms of the law, not exceeding the duration for certain categories of workers.

    Work time - the most important parameter labor process. Section IV of the Labor Code of the Russian Federation gives the main definitions, specifies the terms associated with the concepts of the labor regime.

    "Irregular working hours". 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. labor functions outside of their working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local normative act, adopted taking into account the opinion of the representative body of employees (Article 101TK).

    In practice, an irregular working day is established for employees performing organizational and administrative functions, employees whose working hours cannot be accurately recorded or who distribute working hours at their own discretion, etc. As a general rule, an irregular working day is not established for workers, unless otherwise provided normative legal acts. For example, this mode is allowed to be set by drivers cars(except for taxi cars), as well as drivers of other vehicles, expeditions and survey parties employed in geological exploration, topographic and geodetic and survey work in the field.

    Historically, the main criterion for an irregular working day was called an increase in the volume of work. So, for example, N. G. Alexandrov defined "an irregular working day as a day that is not limited in time, but limited by the amount of work" 12 . EA Panova considers the irregular working day as unlimited by a fixed number of hours, but determined by the amount of work 13 . The authors of the Encyclopedic Dictionary "Labor Law" define an irregular working day as "a type of working day for workers whose work, due to the nature of their activities, cannot be limited by the framework of a normal working day" 14 .

    More than 80 years of experience in the use of irregular working hours in Russian labor law has shown the objective need for such a regime. At the same time, some scholars propose to exclude work in conditions of irregular working hours as such, and, as a result, to recognize any work performed at the initiative of the employer outside the working hours established for the employee, overtime 15 .

    The existing system, which allows the employer to determine the list of positions of employees with irregular working hours only in a collective agreement, agreement or act adopted taking into account the opinion of the representative body of employees, provides the necessary balance of interests of employees and employers.

    Considering that the legislation establishes the provision of additional leave for working in conditions of irregular working hours, the Decree of the Government of the Russian Federation dated December 11, 2002 No. at the expense of the federal budget" 16 , then the development of the List of positions of employees with irregular working hours of budgetary organizations should be carried out by the Government of the Russian Federation or an agency authorized by it.

    "Flexible Working Hours" The concept of flexible forms of employment is designed to optimize working hours, start and end times of the working day. Flexible working hours allow the most successful combination of work and personal interests, reduce staff turnover. Among its advantages, one can single out such opportunities as reducing the loss of working time at the beginning of the working day; transfer to the next period of excessive or missing working hours; better satisfaction of personal needs. Thus, the use of flexible working hours will allow you to balance work with personal and family life which should increase motivation and productivity.

    At the same time, not all scholars believe that the idea of ​​widespread use of the flexible working time regime is suitable for Russian labor law, in particular, due to the lack of a well-developed mechanism for guarantees and compensation for overtime 17 .

    The concept of "individual working time" is nothing but a flexible working time regime. At the same time, the use of flexible working hours requires careful preparation, especially in terms of labor organization and working time accounting. 18

    A flexible working schedule also entails certain costs, in particular, the need for scheduling and flow planning work force; the difficulty of coordination between employees; the need to purchase special equipment to monitor the presence at the workplace, the time of arrival (leaving) for work.

    "Shift work". Application in modern production technological processes exceeding the allowable duration of daily work, as well as the task of the most efficient use of equipment, increasing the volume of products or services rendered, necessitate the organization of personnel work in two, three or four shifts. 19

    During shift work, each group of workers must perform work during the established working hours in accordance with the shift schedule. When drawing up such schedules, the employer takes into account the opinion of the representative body of employees. Shift schedules, as a rule, are attached to the collective agreement or may remain an independent local normative act. Shift schedules are brought to the attention of employees no later than 1 month before they are put into effect (Article 103TK).

    Multi-shift work requires shift schedules. Shift schedules have all the features of local normative legal acts, namely, volitional content, documentation, intended to regulate socially significant social relations of employees with a particular employer. They contribute to the establishment of the most rational mode of working time, create conditions that ensure the normal course of the technological process.

    When drawing up a shift schedule, the guarantees established for employees by labor legislation should be taken into account: the provision of weekly rest, compliance with the rules on the break between shifts, restrictions on overtime work, etc. In particular, if the number of working days and days off according to the schedule does not coincide with the calendar week, the transition from one shift to another must occur after the day off according to the schedule.

    Regarding the organization of shift work (in two, three or four shifts) in cases where the duration of the production process exceeds the permissible duration of daily work, as well as in order to more efficiently use labor resources, the Labor Code of the Russian Federation (Article 103) does not establish any requirements aimed to ensure the protection of the health of workers (to the duration of shifts, to the distribution of working time during the shift, to the order of rotation of workers across shifts, etc.). Only at the end of the article it is indicated that work for two shifts in a row is prohibited. Apparently, uniform requirements for the organization of shift work are difficult to establish, since the specific conditions to be taken into account when organizing shift work must be evaluated in accordance with scientific criteria and according to a special methodology. The need for scientific substantiation of rational regimes for single-shift, multi-shift and shift-expeditionary methods of organizing labor is recognized as one of the main directions of action to preserve and improve the health of the working population in the Concept of the Presidential Program "Health of the working population of Russia for 2004-2015." 20

    "Dividing the working day into parts" . As a general rule, the norm of hours of daily work (working day, work shift) is implemented in such a way that it is worked out by the employee during one break for lunch and rest lasting no more than two hours and no less than 30 minutes (Article 108TK). However, Art. 105 of the Code allows an exception from this rule, according to which, in jobs where this is necessary due to the special nature of labor, as well as in the performance of work, the intensity of which is not the same during the working day (shift), the working day can be divided into parts so that the total duration working hours did not exceed the established duration of daily work.

    The division of the working day into parts is made by the employer on the basis of the local normative act adopted taking into account the opinion of the elected body of the primary trade union organization.

    Such a local normative act establishes a list of employees for whom a split working day is introduced; the size of the parts into which the working day is divided; duration of breaks between them; the validity period of the act and other provisions, for example, on additional payment for work under the specified regime.

    In practice, the division of the working day into parts is used in trade enterprises, Catering, in organizations of communications, housing and communal services and consumer services, etc. The working day is usually divided into two parts with a break of more than two hours, including a break for rest and meals. Breaks are not paid, during these breaks, employees can leave the place of work at their discretion.

    Such an option for resolving the issue will focus not only on taking into account the interests of production, but also on the need to prevent the possible negative impact of the established features of the regime on the working capacity and health of workers.

    "Shift work" . Part 1 of Article 297 of the Labor Code of the Russian Federation contains a legal definition shift method as a special form of carrying out the labor process outside the place of permanent residence of workers, when their daily return to the place of permanent residence cannot be ensured.

    From this definition, two main characteristic features are visible that distinguish the rotational method from the usual methods of organizing work:

    Performing work outside the place of permanent residence of employees;

    The impossibility of their daily return to this place.

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