Is there a person who hasn’t come to work at least once? Unlikely. There are a lot of those who hired employees themselves, so almost everyone participated in labor relations - one of the most regulated areas of civil turnover, primarily focused on ensuring the labor rights of citizens. And one of the main areas here are the approved norms of working time.
Working hours are an essential condition of an employment contract.
How often does an average citizen think about how many average working days are in a month? It is unlikely, however, this indicator becomes very important as soon as an employment contract is concluded.
The relationship between the employer and the employee is regulated by a codified normative act - the Labor Code. It lists all the important conditions of the labor agreement, the change of which is allowed only with the observance of a certain procedure or by mutual agreement of the parties:
- labor remuneration, its size, terms of payment;
- working hours, beginning and end of the working day, how many working days in a month;
- periods, duration and grounds of rest;
- the content of labor functions;
- warranty measures and compensation payments.
These conditions must be met by the employer as prescribed by law. When applying for a job, the parties must reach an agreement on the main points of the employment contract. At the same time, they can expand the rights of the employee, but they do not have the right to go beyond the scope of legislatively approved standards or lower guarantees.
One of the most important quantities that affect the calculations between the parties is the working time: the number of working days in a month depends on the accrual, deduction and the size of the employee's wages.
Why is labor rationing necessary?
Labor standards relate, in particular, to working hours and are regulated at the state level. Their observance is mandatory for all employers, not only state, but also private.
The Labor Code sets the duration of the working week at 40 hours - this is a mandatory amount for a five-day period. It is easy to calculate that the working day will be 8 hours. A workday can be shorter, then the duration of the week decreases. Such manipulations are permitted by law, in contrast to the increase in the established duration of the working week.
Types of working hours
Above was given the main value of the duration of the workday, while the legislator provides other options for working time:
- abbreviated;
- incomplete;
- the duration of night work;
- time limit for certain categories of workers: minors, women with children, persons with disabilities and others.
The application of certain norms is connected with the circumstances provided for in the legislation. This is stipulated in the contract or fixed by order: for example, part-time is necessarily provided to a woman with a child under 14 years old, at her request.
Modes of operation: what they are
During the working time, the employee must fulfill the functions prescribed to him and comply with the internal regulations, which is why determining the beginning and end of the working day is so important in labor relations.
Working hours may be related:
- with the number of working days per week - five or six days;
- with a work schedule - fixed, flexible, interchangeable;
- with a shift period - day, night.
With non-standard operating modes, it is important to correctly calculate how many working days are in a month. To this end, the relevant ministry has established a procedure for calculating labor standards, which is oriented to various time periods. The specified procedure is registered with the Ministry of Justice and has the force of a full-fledged normative act, by which employees of financial and personnel services can be guided in calculating working hours.
How many working days in a month? We do the calculation correctly
For the convenience of calculating working time, so-called production calendars are used in practice. They are popular with accountants and other financial services employees; such a calendar will come in handy for staff.
With the help of the production calendar, it is not only convenient to calculate the working days in a month, but also quickly track other significant statistics depending on the length of the working week.
The production calendar contains the following data distributed monthly:
- the number of calendar and working days with gradation for different hourly loads;
- how many working hours per month (according to the Labor Code);
- number of days off and holidays.
You can do without a production calendar: how many working days are in a month, it is not difficult to calculate, guided by the above-mentioned ministerial order. A detailed formula is given for any duration of the working week and taking into account holidays, as well as pre-holiday shortened days.
How many working days a year?
The norms established by labor legislation make it possible to calculate the number of working days in a year. It seems that it's simple: subtract the weekend from 365 calendar - and you're done. However, the calculation must be adjusted taking into account holidays and non-working days, as well as reduced pre-holiday weekdays.
The legislation established that if the holiday coincides with the employee's day off - Saturday or Sunday, then he is transferred to the next business day, thereby adding an extra day off.
For example, if January 1 is Sunday, then January 2, Monday, will be a day off. These points are taken into account when calculating the number of working days separately for each year.
Is excess of the norm of working hours permissible?
The current regulatory legal acts make it easy to calculate how many working days are in a month, and, therefore, to comply with established requirements for staff employment.
However, production is not always predictable, and managers sometimes have to find non-standard solutions to current issues. Thus, exceptional cases can become the basis for forced work of employees on weekends or for exceeding working hours, whereas, as a general rule, such actions are prohibited by law.
Payment for excess work also depends on how many working days are in a month, because, as a rule, compensation is carried out at a double rate. Yes, and you can calculate excess standards only by finding out the size of the norm itself.
Knowing how many average working days are in a month, you can quickly calculate if there is an excess of working hours. This calculation is carried out according to the usual mathematical formula: the sum of the workdays in each month is divided by 12.
How many average working days in a month will depend on the length of the working week and change annually:
- at 5 working days a week, the average is 20-21 days;
- at 6 days - 25-26 days.
Employer Responsibility for Exceeding Norms
Rationing of working time is fixed at the state level and the maximum duration of labor is an indispensable and unchanging condition for a labor agreement between the employer and the employee. This approach is one of the guarantees of protecting the rights of hired personnel to safe working conditions, decent and fair remuneration, necessary rest, and other requirements of labor legislation.
Violation of labor laws is the basis for holding the employer liable, including for non-compliance with working hours. Supervisory authorities can recognize a variety of violations related to the calculation of working time as non-enforcement of labor legislation:
- exceeding the duration established by law;
- groundless withdrawal to work on a day off;
- unauthorized involvement in overtime work;
- incorrect calculation of workdays and other cases.
Under such conditions, the employer must keep abreast and carefully monitor the correct accounting of working hours. For this, it is important not only to comply with the requirements of the labor legislation, but also to have information about how many standards have the number of working days in a month or a year, the number of official holidays, and the length of pre-holiday days.
The correct calculation of working time is one of the keys to peace of mind in the workforce and the correctness of accounting accounts!