In the most general sense, time is a concept that arises on the basis of the perception of events, activities in their length and duration, a certain cyclical nature. Humanity divides it into physical, biological, psychological, spiral, cyclic, linear, social, natural and so on. And we will touch upon the types of working time in this material. To begin with, we will reveal the term itself.
What is it?
We begin to analyze the concept and types of working time. The Russian Labor Code (Article 91) defines it as the time during which the employee is obliged to fulfill his duties under the terms of the employment contract with him, as well as according to the company’s internal rules. This also includes other time periods, which, in accordance with the legislation of the Russian Federation, are equated with workers:
- plain;
- paid breaks in work;
- shift between shifts;
- being on a business trip and so on.
Analyzing the concept (and types) of working time, we note that the latter serves as a natural measure of labor. It also directly affects the working capacity and general well-being of the worker.
Working hours do not have one specific interpretation. For example, on the part of the economy, this includes only the period that the employee spent on fulfilling any labor task. Breaks are not included here.
We will consider the concept and types of working time and rest time from the perspective of what the Labor Code of the Russian Federation represents.
Working hours and actual hours worked: the difference
And now an important nuance. Actually worked does not apply to the types of working time! It will be considered a qualitatively different category. In fact, the time worked will be that during which the employee was involved in solving the work problem.
What does it mean? If remuneration in the organization is based on the actual hours worked, then the employee will receive remuneration only for the hours that he specifically devoted to his work. Lunch, special breaks, forced downtime are not included in it. And that means they’re not paid in any way.
What types of working hours are there?
Consider the most common, but at the time and causing a lot of questions varieties:
- Irregular.
- Incomplete.
- Overtime.
- Abbreviated.
We suggest that you familiarize yourself with each of them in detail.
Reduced type of working time
Reduced - this is a type of cost of working time, which will be less than the standard 8-hour, but paid at the same time at the rate. By law, it can only be established in relation to certain groups of employees.
The latter include:
- Workers under 16 years old. TC allows you to enter for them no more than a 24-hour work week.
- Workers 16-18 years old. Under the law, they can work weekly for no more than 35 hours.
- Workers who are engaged in hazardous work or whose activities are carried out in dangerous conditions for life and health.
If we turn to Art. 92 of the Labor Code, we will establish that for teachers, physicians, and other categories of workers, a shorter work week may also be introduced.
The duration of employment of each employee is determined individually and is prescribed in the contract of the employer with him. The basis here is the intersectoral, sectoral agreement, the internal rules of the company.
Incomplete type of working time
What applies to this type of time tracking? The answer is given by Art. 93 of the Labor Code. This is working time, the duration of which is less than normal.
And now its difference from the abbreviated. In that case, payment was at the full rate, although the worker spent less than hours at work. And for part-time work, remuneration is proportional to the volume of output. Or the time that a citizen spent on his work.
According to the Labor Code of the Russian Federation, an employer may conclude an agreement on part-time work only with these categories of citizens:
- Pregnant women.
- Parent (or legal representative) with a child under 14 years old (or with a minor disabled child).
- A citizen caring for a sick relative (only on the basis of a medical certificate of the need for such a measure).
The contract is concluded only upon a personal written application from these persons. However, the employer has the right to set up part-time work on his own initiative. He must warn the workers in writing about such an innovation 2 months before the approval of the amended schedule.
And one more exception. Part-time work may be introduced by the employer in the face of changing working conditions, which are strong and entail the dismissal of workers. A similar measure under labor law can be set for six months. If the employee refuses such conditions, then they are obliged to dismiss him with an entry in the labor book “on staff reduction”.
Part-time work can be presented in three variations:
- Part time. The schedule of each of the working days is individual.
- Incomplete work week. The daily work schedule is the same, but the number of workdays is decreasing.
- Option that includes both the first and second type.
Overtime work hours
What is included here? Work on the initiative of the employer, for the implementation of which the worker needs to spend more than 8 hours a day. This is regulated by Art. 97 TC, Federal Law, regulations, labor and collective agreements.
For such work, management issues a special order. Workers are allowed to them by their own written consent.
Overtime work has a wide range of restrictions:
- It is forbidden to involve pregnant workers, disabled people, minors, mothers with children under 3 years old.
- As an exception, people with disabilities and women with children under 3 years old can participate in such work, but by personal consent. And in the case when this allows their state of health.
- Duration of overtime work - no more than 4 hours in two consecutive days, no more than 120 hours annually.
- There are installations about payment. The first two hours are considered at the 1.5th tariff, the next at double. The procedure for remuneration must be prescribed in a collective and individual labor contract.
- At the request of the employee, such work can be compensated not financially, but by providing additional days off, no less than the time spent.
Irregular type of working time
This legislation also includes all labor activities, which goes beyond the standard eight hours. But what is the difference from the previous type? An employee is involved here in an urgent or especially important task.
Art. 142 of the Labor Code, as well as related federal legislative documents, acts of the organization itself. Also, an employee must be issued additional remuneration if his irregular schedule is associated with:
- Hard work on holidays or on weekends.
- Employment at night.
- Combination of several posts.
Mode
Another important concept. The working time mode is the established procedure for distributing the norms of the worked time period. It is introduced by the organizations themselves. It is recorded both in the collective agreement with the workers and in the internal regulations, based on federal laws and the Labor Code.
If the operating mode of any category of employees differs from the generally accepted for the company or enterprise, then this must be indicated in the employment contract with him. And do not contradict the Labor Code and Russian legislative acts.
Variety of modes
Represent the most common types of working hours:
- A working day that is divided into parts.
- Flexible working hours.
- Multi-shift operating mode.
- Irregular working hours.
- Summarized hours worked.
- Daily accounting of the mass of working hours.
Regulation of the Labor Code
In the context of the types of working time, we examined the types of its modes. Let us now turn to the legislation that regulates them - this is Art. 100 TC:
- Rationing the work week. It can be 5-day with two days off, 6-day with one day off, with days of rest according to a rolling schedule or incomplete.
- The act is also responsible for irregular working days in the schedule of certain categories of workers.
- Both the quantity and duration of labor shifts (or part-time work).
- Time of the beginning and end of labor activity (shift).
- The number of breaks per working day, their duration.
As for other types of working hours:
- A flexible schedule is regulated by Art. 102 of the Labor Code.
- A working day divided into parts - Art. 105 Labor Code of Russia.
Breaks
When considering the types of working hours under the Labor Code, it is important not to forget to note that several types of breaks are fully included in this concept.
This is the following short break:
- Breaks for eating. Russian law provides for their duration from 30 to 120 minutes on each working day. The employer must provide the workers with such a break during working hours. Information about him should be in the internal rules.
- Breaks for heating. Only for the case when workers work in unheated spaces. A break is also needed for those involved in unloading and loading operations. At the same time, premises for heating should also be provided.
- Special breaks. They are determined by the special organization of activities, complex work technologies.
- Breaks for young mothers. For workers with children under 1.5 years, the free hour is spent on feeding the child. Such a break will also be working time. It is paid to the woman according to the tariff rate. At the request of the mother, these breaks can be postponed, moved closer to the beginning or to the end of the working day, or added to the time of the annual vacation.
Break Examples
Let's look at specific examples.
Those workers who work every day in the open air or in an unheated room are entitled to a 10-15 minute hourly break for heating. These are janitors, slingers, installers, movers, etc. In addition, under the law they are supposed to have hot meals.
And now another area in the consideration of types of working time. This is work with a computer - it even belongs to a special category. Under the law, an employee here has the right to an additional 10-15 minute break after every 2-3 hours of his activity with the device. The rule is valid only for those workers who perform their work at a PC, laptop all day, without being absent from technology.
Norms
Consider the types of norms of working time. There are two main ones:
Already from the last (weekly) specialists, annual, semi-annual, quarterly and monthly working standards are determined.
We turn to the Labor Code of the Russian Federation. The standard rate for a working day is 8 hours. Accordingly, a working week cannot be longer than 40 hours. Such a norm is necessarily prescribed in an employment contract with an employee. If his activity is carried out in special conditions, then this should also be indicated in the document.
The legislation also provides for special rules regarding the regulation of working hours:
- If a worker works according to a 6-day schedule, then his working day on the eve of a weekend cannot be longer than 5 hours.
- There are norms for pre-holiday dates. On such a day, workers should be employed 1 hour less than usual. If the rule is not observed, then work at this hour is recognized by overtime legislation.
Working time is a very important concept for a worker. It is on him that the remuneration for work depends, as well as the general well-being, working capacity of the citizen. Therefore, you should always check the provisions on working hours in your own employment contract.