Labor - work activity, which is determined by the time spent on its implementation, as well as the result. For the normal performance of an employee, it is necessary to correctly correlate the time of work and rest time.
Working time concept
Article 91 of the Russian Labor Code defines working hours as the length of time during which an employee performs a labor function on the basis of the internal labor regulations and the terms of the employment contract.
Also, during working hours, the legislation (the Labor Code, federal laws and other legal regulations) includes other periods of time that are part of the working time.
These include breaks of a special type for feeding a small child up to one and a half years (Article 258 of the Code), for relaxing and heating when working outdoors in cold seasons (Article 109 of the Code).
Labor time
The legislation distinguishes two amounts of time spent on labor, which depend on the time and productivity of the employee. These values include:
- the amount of output - an intensive value;
- the amount of time worked out is a value of an extensive nature.
Both of these values are analyzed and evaluated by the head of the organization, on the basis of which the productivity of the employee and his performance are determined.
Types of working hours
Labor legislation defines five types of working hours, depending on its continuous duration:
- Normal.
- Incomplete.
- Abbreviated.
- Night working hours.
- Overtime work.
Normal run time
An article on working time and rest time defines the concept of normal working hours.
Normal working time is the generally established working norm in normal working conditions. At the same time, work should not require increased nervous or physical stress.
The norm of working time (with rest) with a standard duration of working time should not exceed forty hours a week. This length of time applies to employees of all organizations of any legal form and form of ownership.
Working time and rest time, which differs from normal, as well as the categories of persons in respect of whom a different duration of labor time is applied, is determined by laws at the federal level
Shorter runtime
Reduced work time — the time it takes to complete a labor function of less than forty hours a week.
Reduced work time (with rest time) is set at the legislative level for the following categories of employees:
- employees who work with hazardous or harmful working conditions;
- employees under the age of eighteen;
- persons with disabilities of the first or second group;
- employees of certain categories whose activities are associated with increased nervous or intellectual stress. These include workers in the medical or educational fields.
Article 92 of the Code establishes that the reduced duration of work applies to the following categories of employees:
- Employees under sixteen years old - twenty eight hours.
- Employee - disabled person of the first or second group - thirty-five hours.
- An employee from sixteen to eighteen years old - thirty-six hours.
- Employees in the teaching sector - thirty-six hours.
- Medical staff - thirty-nine hours.
Regardless of the shortened working hours (and rest time), legal relations with such employees in the financial sphere remain unchanged, and their remuneration should be the same as for workers with normal working hours.
There is an exception to this rule. Article 271 of the Code establishes that employees under the age of majority are paid based on hours worked or productivity. The employer may make surcharges to his salary at his own discretion from his own type of funds.
Article 96 of the Code determines that reduced working hours apply only to daylight hours. Work during the period defined by the Code as night work is not subject to reduction by one hour.
For employees who are not included in these categories, a shorter working time may also be established on the basis of local regulations or a collective agreement. In this case, the payment of reduced working time will be made at the expense of the private funds of the organization.
Incomplete runtime
The work regime and rest time for an incomplete working day is established in accordance with Article 93 of the Code, by agreement of the parties to labor relations by virtue of the obligation specified in this article.
Special categories of employees include:
- pregnant women;
- An employee who has a child under the age of fourteen, or who has a disabled child under the age of eighteen;
- employees who provide ongoing care for a family member if he is seriously ill (according to a medical certificate);
- part-time employees, for them the time of work (with rest time) does not exceed four hours daily and sixteen hours weekly (Article 284 of the Code);
- women (and other persons) on leave to care for a small child (before they reach the age of one and a half years); at the same time, they receive wages on the basis of the actual hours worked, as well as the allowance up to one and a half years as part of state social insurance (the third part of Article 256 of the Code).
Part-time work is paid based on the length of time worked or the amount of work performed. The minimum wage established by federal legislation is not taken into account here, since we are talking about workers who have not developed a labor time standard.
Runtime mode
Article 100 of the Code regulates the concept of the regime of work and rest of drivers and representatives of other professions. The regime of labor time is the sequential distribution of labor time within certain periods (days, weeks, months). The working hours are regulated by the labor regulations of the enterprise or institution, as well as by collective agreement.
The operating time mode includes the following elements:
- The beginning of the working day and its end.
- Lunch breaks.
- The number of working weekly days.
- Establishment of a working day of an irregular type.
Types of operating time modes
In total, labor legislation provides for six types of working hours:
- irregular;
- flexible;
- shift
- mode with a cumulative consideration of operating time;
- division of the working day into several parts;
- watch.
The irregular type of labor regime is regulated by Article 101 of the Code. It is set for certain categories of employees. The establishment of an irregular regime is carried out based on the characteristics of the content of the employee’s labor activity or the nature of the work. The peculiarity of the work of such individuals is that they can be involved in overtime work without providing time off and additional payments.
Compensation of the processed time occurs due to the provision of additional days of paid annual leave to the employee. Its duration shall be established by collective agreement or by the internal labor regulations of an enterprise or institution. The organization during processing is obliged to provide the employee with additional leave lasting three days or more.
If local acts of the organization do not provide for the provision of additional days of paid leave, the employee is entitled to monetary compensation for the processed time. Article 152 of the Code establishes that the first two hours of work are paid in one and a half times and above, and further work in double. This distribution can also be attributed to nighttime work and rest.
Flexible working hours are regulated by Article 102 of the Code. This type of regime suggests that the beginning and end of the working day, as well as its duration, are determined by agreement of the parties. As a result, the time worked is paid by the employer on the basis of the time actually worked by the employee during certain periods (the number of hours per day or per week, etc.)
The shift regime is defined in Article 103 of the Code. This type is used in situations where the duration of the working time exceeds the norm of working time, and also when it is necessary to increase labor productivity, increase production volumes or use equipment more efficiently.
In shift mode, the employer draws up shift schedules. According to the shift schedule, all employees are divided into groups, and each of them is obliged to carry out work within the duration of the labor time determined by the employer. Most often, such schedules are applied to the collective agreement, taking into account the union opinion of the organization.
Compiled shift schedules should be brought to the attention of employees one month before their entry into force. Labor legislation prohibits the implementation of work lasting two shifts in a row according to the norms of working time (and rest time).
The regime with the cumulative time taken into account is established by Article 104 of the Code. The application of cumulative working hours is established in cases where in some institutions or enterprises certain types of work cannot be carried out under normal working hours. Most often, such modes are set for drivers. The time of work and rest for such workers is established so that the length of the working time does not go beyond the normal number of working hours. The deadline for the accounting period is one year. The introduction of a cumulative period of work time is established by the labor standards.
The division of a working day into several parts is determined by Article 105 of the Code. The allocation of parts is due to the special characteristics of labor and the varying intensity of work throughout the entire shift. The purpose of the allocation of parts is the correspondence of the total length of labor time to the production rate.
The shift regime is determined by Articles 297–302 of the Code. The shift mode is used to reduce the various timelines for the construction, repair or reconstruction works of social, industrial and other facilities, as well as to carry out any other production work.
Concepts and types of rest time
Working hours should be interrupted for a certain period in order to rest workers and the normal continuation of work. The Constitution in Article 37 and the Labor Code enshrine the right of every employee to rest.
Rest time - the length of time for which an employee is exempted from performing a labor function for personal use.
Article 107 of the Code establishes five types of rest periods:
- Inter-shift breaks.
- Breaks during the work shift for food and rest.
- Weekend.
- Holidays.
- Public holidays.
Inter-shift breaks
This is the interval between two business days. The break begins after work and ends with the beginning of a new working day.
Industry agreements in some areas have established that a daily break should be at least twelve hours.
In addition to industry agreements, such norms can be enshrined in collective labor contracts.
Breaks for meals and relaxation
Such breaks are established by the Code in the interval from half an hour to two. During operation, these breaks are not included and are not payable.
The same group includes breaks established by Section 109 for rest and heating. They are intended for workers working outdoors or in unheated rooms.
Breaks for heating, unlike lunch breaks, are included during operation. The Labor Code stipulates that the employer must provide employees with facilities for rest and heating.
Weekends and holidays
The duration of the weekend should be at least forty-two hours under the law.
A five-day working week involves two days off, a six-day one.
Article 112 of the Code establishes several public holidays:
- January - 1, 2, 3, 4, 5 of the day (New Year's holiday), 7 of the day (Christmas of Christ);
- February - the 23rd (Day of Defenders of the Fatherland);
- March - 8th (International Women's Day);
- May - 1st day (day of labor and spring), 9th day (Victory Day);
- June - 12th day (Day of Russia);
- November - 4th day (Day of Unity of Peoples).
A holiday that falls on a weekend gives employees the opportunity to relax on the next day.
By law, holidays can be shifted for their rational use.
Holidays
Vacation is an uninterrupted vacation lasting from several days to several months without loss of place of work, length of service and average salary.
There are different types of holidays, which are divided on various grounds:
- Basic and additional.
- With normal duration and elongated.
- Paid and leave at your own expense (not preserving average earnings).
Observance of labor discipline and rest time by the parties allows employees to perform their labor function normally, and employers to receive the desired results from employees.