When concluding labor contracts establishing the duties and rights of workers and the employer, each employee hopes to fulfill his labor function at the indicated time, hoping to spend free time, focusing on his personal needs. Since the employer often seeks the opposite result, the state decided to resolve possible problems with the help of labor law, indicating the norms of working time. Actually, the issues of legal regulation formed labor law.
The norm of working time clearly defines the number of hours that an employee must work, and is reflected in labor contracts, collective bargaining agreements, internal labor regulations, and other regulations.
The employment contract or local acts determines the accounting period: the employee works out the set time according to the shift schedule. Charts, respectively, are different.
The norm of working time specified by law provides for the following types of time accounting: daily accounting, weekly accounting and totalized accounting. Weekly accounting is appropriate when the law directly regulates the working week and sets the weekly (or daily) duration of time for work. The duration of the daily work is reflected in the schedules, taking into account the weekly defined rate. Aggregate accounting is appropriate when the weekly or daily rate of work cannot be clearly established (varies).
Summarized accounting, as a rule, involves shift work. Therefore, shift schedules must be prepared in advance. The compiled schedules are brought to the attention of the personnel working at the enterprise at least one month prior to their implementation. A similar type of accounting is used on shift shifts, for water or rail workers, as well as for organizations working continuously.
The resulting refining (or, on the contrary, flaws) are regulated in a specific accounting period and cannot be compensated for by a decrease in other shifts or by providing separate time off (rest) according to other schedules (however, often employers still make such violations).
Processing is overtime work. If the actual duration of the work does not coincide with the planned shift schedule, the processing of some days is offset by the reduction of other days and vice versa, but only within the accounting period. The total monthly norm of working hours should remain unchanged.
With summarized time worked records, the shift schedule cannot be reviewed.
When building a vacation rotation schedule (annual, additional) are not taken into account. If the total number of hours worked by an employee from the beginning of the accounting time until the dismissal exceeds the standard duration of the previously established working hours in a specific period, then the processing must be recognized overtime and paid extra.
The monthly norm of working time for certain periods should be calculated according to the schedule of a five-day working week along with days off, and based on the duration of work of eight hours on a normal day and seven hours on a pre-holiday day with a working week of forty hours. With a working week of up to forty hours in general and five days, working hours should not be reduced.
For example, the calculation of working time for January 2013:
- calendar days - a total of 31;
- working days - only 17;
- weekends - only 14 (including holidays).
Norm of working hours for January:
1) 136 hours (if 40 hours in the working week);
2) 122.4 hours (if 36 hours in the working week);
3) 81.6 hours (if 24 hours in the working week).