Working hours (norms of hours of pedagogical work for the rate wages) teaching staff educational institutions regulated:

Articles 92 and 333 of the Labor Code of the Russian Federation (as amended by the Federal Law of June 30, 2006 N 90-FZ) (hereinafter abbreviated as the Labor Code of the Russian Federation);

Paragraph 5 of Article 55 of the Law of the Russian Federation "On Education" (as amended by the Federal Law of January 13, 1996 N 12-FZ with subsequent amendments and additions);

Decree of the Government of the Russian Federation of April 3, 2003 N 191 "On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers of educational institutions" (hereinafter referred to as Decree of the Government of the Russian Federation N 191).

Peculiarities of the working time regime of pedagogical workers are regulated by the Regulations on the peculiarities of the regime of working hours and rest time of pedagogical and other employees of educational institutions (hereinafter referred to as the Regulations on the peculiarities of the regime of working hours), which was approved by order of the Ministry of Education and Science of the Russian Federation dated March 27, 2006 N 69 "On peculiarities of working hours and rest time of pedagogical and other employees of educational institutions" (registered by the Ministry of Justice of Russia on July 26, 2006, registration N 8110).

The concept of reduced working hours for teachers

Federal legislation establishes a reduced working time for teachers of no more than 36 hours per week. Does this mean that it is the same for all teachers?

If we turn to Article 333 of the Labor Code of the Russian Federation for an answer, we will see that in this article, along with an indication of the length of working time of pedagogical workers of no more than 36 hours a week, there is a very significant clarification about that. that, depending on the position and (or) specialty of pedagogical workers, taking into account the characteristics of their work, the length of working time (the norm of hours of pedagogical work for the wage rate) is determined by the Government of the Russian Federation

Consequently, the concept of "working time no more than 36 hours" is not a generally established and mandatory for all pedagogical workers the duration of working hours, but only its maximum norm, which the Government of the Russian Federation can establish for a pedagogical worker holding one position or receiving one wage rate wages depending on what position he occupies and what are the characteristics of work in this position.

Taking into account all these conditions, Decree of the Government of the Russian Federation N 191 establishes for teaching staff either the length of working hours or the norm of hours for one wage rate.

The length of working time, which is 30 or 36 hours of pedagogical work per week, is established for pedagogical workers, provided for in paragraph 1 of the annex to Decree of the Government of the Russian Federation N 191, and the norm of hours for one wage rate, which is 18, 20, 24, 25, 30, 36 hours a week, or 720 hours a year - for teaching staff, provided for in paragraphs 2 and 3 of the annex to the said resolution.

So, the 30-hour working time per week is set:

Senior educators of all educational institutions, except for preschool educational institutions and educational institutions of additional education for children, and 36-hour - for senior educators of preschool educational institutions and educational institutions of additional education for children;

Psychologist teachers;

Methodists (senior methodologists) of educational institutions;

social educators; teachers-organizers; industrial training masters:

senior counselor; labor instructors of educational institutions;

Teachers-organizers (basics of life safety, pre-conscription training) educational institutions, institutions of primary vocational and secondary vocational education;

Leaders physical education educational institutions of primary vocational and secondary vocational education;

Employees from among the teaching staff of educational institutions of higher professional education and educational institutions of additional professional education (advanced training) of specialists;

Instructors-methodologists (senior instructors-methodologists) of educational institutions of additional education for children of a sports profile.

It should also be noted that the remuneration of teachers for whom the length of working time is established is carried out on the basis of official salaries, and for teachers for whom norms of hours per rate are established, on the basis of wage rates.

The difference in remuneration based on wage rates from remuneration in accordance with official salaries

The difference in remuneration based on wage rates from payment in the amount of the official salary is that in the first case, a teacher who, with his consent, constantly does pedagogical work in excess of the established norm or less than the established norm, is paid in proportion to the number of hours of study load (pedagogical work) in a single amount based on the wage rate established for him. An exception is cases when the performance of work in excess of the established norm is carried out at the initiative of the employer and is considered as overtime work.

For example, if an employer hires educators preschool institutions if the replacement employee or parents fail to appear for work in excess of the established working hours, such work is considered overtime and is compensated in the manner prescribed by Article 152 of the Labor Code of the Russian Federation.

If the employee is paid an official salary for the established working hours, then it does not change proportionally if the employee is sometimes involved in work in excess of the established working hours. Such work is compensated either as overtime or by granting additional leave for irregular working hours, the duration of which is at least three calendar days.

The norm of hours of pedagogical work, established for one wage rate for pedagogical workers, provided for in paragraph 3 of the annex to Decree of the Government of the Russian Federation N 191, actually corresponds to the norm of their working hours, within which they perform their official duties.

For example, educators, the norm of hours for one wage rate of which is 25, 30 or 36 hours per week, depending on the characteristics of work in various types and types of educational institutions, perform their duties within this amount of time.

Features of the working hours of teachers, lecturers, teachers of additional education, trainers-teachers

For teachers provided for in paragraph 2 of the appendix to Decree of the Government of the Russian Federation N 191, i.e. teachers, lecturers (except for teachers of universities and IPC), teachers of additional education and trainers-teachers, the norm of hours of teaching work for the rate salary is only a normalized part of the working time, since their job duties are not limited to the performance of teaching work.

For example, the norm of teaching hours of 18 or 20 hours a week, taken as a unit of account when remunerating a teacher, does not mean that all other pedagogical work (work with parents, extracurricular educational work, methodical work etc.) is not paid, as some representatives of the pedagogical community claim, proposing the introduction of a regular salary system for teachers.

The teacher's salary rate is paid both for the performance of teaching work within the established norm of hours, and for the performance of other duties stipulated by the tariff-qualification (qualification) characteristics.

After establishing the teaching load for the new academic year for teachers, professors, teachers of additional education, trainer-teachers, the normalized part of their working time will be the amount of educational (pedagogical) load established by him, the implementation of which is regulated by the schedule of lessons (training sessions) in classes, groups, in circles, sections, clubs and other associations of students.

The amount of remuneration for teaching load more or less than the norm is subject to a proportional increase or decrease in comparison with the size of their wage rate.

The duration of the normalized part of the pedagogical work of teaching staff is determined in astronomical hours and includes classes, regardless of their duration, and short breaks (changes) between them (footnotes 3 and 4 of the appendix to Decree of the Government of the Russian Federation N 191). At the same time, the number of hours of study load established for the specified employees during billing corresponds to the number of classes they conduct, lasting, as a rule, not exceeding 45 minutes.

The duties of pedagogical workers conducting teaching work, in addition to teaching work, are specified in paragraph 2.3 of the Regulations on the features of the working hours.

The work of teachers, lecturers, teachers of additional education, trainers-teachers, in addition to training sessions, does not have clear boundaries and norms, since it depends on various circumstances.

It should be noted that the nature of most of the pedagogical work provided for in clause 2.3 of the Regulations on the peculiarities of the working hours allows us to conclude that its implementation is not carried out on certain working days of the week, but is calculated for longer periods: for a month, academic quarter, half a year , academic year, in connection with which such work should be regulated by the relevant plans and work schedules.

Establishing any norms of time for its implementation, artificially increasing work time pedagogical workers in excess of its normalized part related to teaching work are not provided, with the exception of the time norm determined by the Regulations on the peculiarities of the working hours, for duty during the educational process.

Salary Guarantees for Teachers and Lecturers

When applying Decree of the Government of the Russian Federation N 191, it is also necessary to pay attention to the fact that for individual teachers who cannot be provided with a full teaching load, guarantees are provided for payment of a salary rate in full size provided that they are loaded up to the established norm of hours by other pedagogical work (footnote 4 of the appendix to the said resolution).

These teachers include:

Teachers of grades 1-4, if the lack of a full teaching load is associated with the transfer of teaching foreign language, music, fine arts and physical education lessons to specialist teachers;

Teachers of grades 1-4 of rural educational institutions with a non-Russian language of instruction, who do not have sufficient training to conduct Russian language lessons;

Teachers of the Russian language in rural primary schools with a non-Russian language of instruction;

Teachers of physical culture in rural general educational institutions, teachers of a foreign language in general educational institutions located in the villages of logging and rafting enterprises and chemical forestry enterprises.

These teachers must be informed of the impossibility of providing them with a full teaching load for these reasons and of additional pedagogical work up to the norm of teaching hours established by them, while maintaining the wage rate in full, no later than two months before changing these conditions.

For example, if in grades I-IV the transfer of teaching the number of hours provided for by the curriculum for conducting classes in music, fine arts, physical education led to a decrease in the teaching load of teachers primary school, and the remaining teaching load is less than 20 hours a week, then these teachers should be paid wages in the amount not lower than the monthly wage rate, provided that they are supplemented to the established norm of hours by other pedagogical work.

If the school has not created the necessary material base for the teaching of these subjects by specialist teachers or there are no such specialist teachers, and also in cases where this is impractical for other reasons, primary school teachers have the right to teach these subjects themselves, incl. with corresponding additional pay for teaching hours exceeding 20 hours per week.

Transfer of teaching to primary school other subjects (for example, labor lessons) without the consent of teachers is not allowed.

It should be noted that Decree of the Government of the Russian Federation N 191 also provides guarantees for the preservation of wages for teachers of general education institutions, teachers of institutions of primary and secondary vocational education (footnote 4 of the appendix), for which, for reasons beyond their control, during the academic year, the teaching load decreases compared to teaching load set at the beginning of the academic year.

The guarantee of keeping wages for teachers and professors in accordance with Decree of the Government of the Russian Federation N 191 and on the conditions specified therein actually means that the employment contract cannot be terminated with these employees until the end of the academic year with any amount of work remaining after reducing the teaching load, even if its complete absence.

The reasons for the decrease in the teaching load, which are not dependent on teachers and teachers, are, for example, a reduction in the number of hours according to the curriculum, a reduction in classes (groups), early graduation of students.

The specified pedagogical workers about the reduction of the teaching load during the academic year for the specified reasons must be notified no later than two months, during which changes in the wages of employees should not be made.

For other pedagogical workers (trainers-teachers, teachers of additional education, educators, etc.), there are no guarantees for maintaining wages until the end of the academic year.

When reducing the number of students, pupils (groups) during the academic year, which entails a decrease in the teaching load (volume of work), employees must be notified by the employer about the reduction in the teaching load (volume of work) and, accordingly, about the change in wages in writing no later than two months, during which the employee is paid wages in the same amount (despite the fact that the workload in the same volume will no longer be fulfilled in the period after notification).

Working hours on the eve of non-working holidays and weekends

When deciding on the duration of work on the eve of non-working holidays and weekends, it is necessary to be guided by Article 95 of the Labor Code of the Russian Federation, according to which the duration of the working day or shift immediately preceding the 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.

Labor Code The Russian Federation in the current wording of the rule on reducing by one hour the duration of the working day (shift) immediately preceding a non-working holiday applies to all employees, including teachers.

At the same time, taking into account that the working hours of certain categories of teaching staff have their own characteristics, it is necessary to take into account the following.

In accordance with Decree of the Government of the Russian Federation N 191, the working hours of teachers, teachers of primary and secondary vocational education institutions, teachers of additional education, trainers-teachers, as mentioned above, when performing pedagogical work consists of a normalized part (18, 20 hours per week or 720 hours per year) and part of the working time that does not have clear boundaries.

The normalized part of the working time of pedagogical workers conducting teaching work is the amount of teaching load established by them, the implementation of which is regulated by the schedule of lessons (training sessions) in classes, groups, circles, sections, clubs, etc.

Another part of pedagogical work specified workers, requiring the expenditure of working time, which is not specified in terms of the number of hours, follows from their official duties provided for by the charter of the educational institution, the internal labor regulations of the educational institution, tariff and qualification characteristics, and is regulated by schedules and work plans, incl. personal plans of the teacher (fulfillment of duties related to participation in the work of pedagogical, methodological councils, with work on conducting parent meetings, consultations, health-improving, educational and other activities provided for educational program and etc.).

Given this feature of the working time of teachers, teachers of primary and secondary vocational education institutions, teachers of additional education, trainers-teachers, it is hardly possible on the eve of non-working holidays to apply a reduction of one hour to the part of their working time related to teaching. Apparently, on the eve of the holidays, it is necessary to limit the involvement of these workers in another part of their pedagogical work, which can increase their working time compared to the teaching load provided for in the class schedule.

Features of the regulation of working hours of persons from among the teaching staff

Unlike teachers and other pedagogical workers mentioned above, the working time of persons from among the teaching staff of educational institutions of higher professional education and educational institutions of additional professional education (advanced training) of specialists has a specific duration - 36 hours a week.

At the same time, the working hours of these employees also have their own characteristics, since they are determined taking into account the performance of teaching work and the implementation of research, creative and performing, experimental design, educational, methodological, organizational and methodological, educational, physical culture, sports and recreation work.

The mode of performance of teaching work is regulated by the schedule of training sessions.

The volume of teaching work of each teacher is determined by the educational institution independently, depending on the qualifications of the employee and the profile of the department, and cannot exceed 900 hours per academic year - in educational institutions of higher professional education (hereinafter referred to as the university) and 800 hours per academic year - in educational institutions of additional professional education (advanced training) of specialists (hereinafter - IPK).

The mode of fulfillment by the teacher of duties related to research, creative, executive, experimental design work, as well as educational, methodological, organizational, methodological, educational, physical culture, sports and recreational activities, is regulated by the internal labor regulations of the educational institution, plans of scientific and research papers, programs, graphics, etc.

When determining the job responsibilities of persons from among the teaching staff of universities and IPK, it is recommended to apply Approximate time standards for calculating the volume academic work and the main types of educational, methodological and other work performed by the teaching staff of educational institutions of higher and additional professional education. sent to universities by letter of the Ministry of Education of Russia dated June 26, 2003 N 14-55-784in / 15.

In the internal labor regulations of the educational institution, other local acts, it is also necessary to determine whether teachers should perform the specified work directly in the educational institution, or it can be carried out outside it.

When addressing the issues of reducing working time on the eve of non-working holidays, university and IPC teachers should proceed from the fact that the working time of university and IPC teachers consists of two components. Taking this into account, it is advisable to reduce their working day by 1 hour on the eve of non-working holidays (as well as for teachers) by performing work in an educational institution directly related to research, creative, executive, experimental design work, educational - methodical, organizational-methodical, educational and other activities.

This material is presented in an abridged version. Full version read in the journal "Issues of Labor Law", N 10, 2006

Zh. Osiptsova, Secretary of the Central Committee of the Trade Union of Public Education and Science Workers of the Russian Federation, Head. legal department

V. Ponkratova, expert of the Central Committee of the Trade Union of Public Education and Science Workers of the Russian Federation

Working time is the time during which the employee, in accordance with the internal labor regulations and conditions employment contract must perform labor duties, as well as other periods of time that, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation refer to working time (Article 91 of the Labor Code of the Russian Federation).

Other periods that, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time, are considered to be a period of downtime, breaks for heating and rest, breaks for feeding a child, time spent on a business trip, time between shifts of rest during the period stay on watch.

Normal working hours may not exceed 40 hours per week. The normal duration cannot be changed by other normative acts and by agreement of the parties.

Local regulations may establish the length of working hours for employees. At the same time, it must be remembered that collective agreements, agreements, labor contracts cannot contain conditions that reduce the level of guarantees for employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in a collective agreement, agreement or employment contract, then they are not subject to application (part 2 of article 9 of the Labor Code of the Russian Federation).

State authorities of the constituent entities of the Russian Federation may adopt laws and other regulatory legal acts containing labor law norms on issues that are not within the jurisdiction of federal government bodies. At the same time, a law or other regulatory legal act of a constituent entity of the Russian Federation containing labor law norms should not reduce the level of labor rights and guarantees to employees, established by the Labor Code of the Russian Federation or other federal laws.

2. Types (duration) of working hours: a) normal working hours; b) reduced working hours; c) part-time work

Labor legislation establishes the following types of working hours:

normal working hours;

reduced working hours;

part-time work.

Normal working time is the length of working time applied if the work is performed under normal working conditions and the persons performing it do not need special measures labor protection. Article 91 of the Labor Code defines the limit of normal working time at 40 hours per week. Within these limits, the normal duration of working hours is established by the collective agreement, agreements. In cases where a collective agreement was not concluded or the condition on the duration of work was not included in the collective agreement, the maximum norm established by law, 40 hours a week, acts as the real norm of working time.

Reduced working time is understood as working time reduced in comparison with the normal one, when its reduction is carried out in accordance with the law or a collective agreement.

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 jobs with harmful and (or) dangerous working conditions - 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.

Until the relevant legal act of the Government of the Russian Federation is adopted, the Decree of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 N 298 / P-22, the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and shortened working hours 20 .

All employees whose professions and positions are provided for by production and workshops in the relevant sections of the List, regardless of the industry, have the right to a reduced working day. The right to a reduced working day, working time arises only if the employee actually performed work in harmful conditions for at least half of the working day established by the List for a given production, workshop, profession or position.

The Labor Code of the Russian Federation, other federal laws may establish reduced working hours for other categories of workers (pedagogical, medical and other workers). The employer has the right, at his own expense, to establish a shorter working week for other categories of employees.

Thus, the establishment of reduced working hours is the responsibility of the employer. When concluding an employment contract, the parties are not entitled to increase the duration of working hours established by law.

Unlike reduced working time, part-time work can be established by agreement between the employee and the employer, both at the time of employment and subsequently.

Part-time work is called working time, the duration of which is less than normal. In the event that an employee, in accordance with the law, has the right to reduced working hours, part-time time will be considered shorter than the corresponding norm of reduced working hours.

At the same time, the employer is obliged to establish part-time work or a part-time work week at the request of a pregnant woman, one of the parents (guardian, guardian) who has a child under the age of 14 (a disabled child under the age of 18), as well as a person who caring for a sick family member in accordance with a medical report issued in accordance with the procedure established by federal laws.

Working 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 rights. At the same time, the employee is deprived of the right to additional leave provided for by Article 116 of the Labor Code of the Russian Federation if he is assigned a part-time job. If he has an incomplete work week, then the right to the specified additional leave is not lost.

Introduction. 3

1. The concept and significance of the legal regulation of working hours. 4

A). The concept of working time. 4

b). Significance of regulation of working hours. 4

V). Working hours according to the Labor Code of the Russian Federation and the Labor Code. 5

2. Types of working time and methods of its regulation. 7

A). Types of working time. 7

b). Methods of regulation of working time. 10

3. Working hours outside of its normal duration. 12

A). When involved in overtime work at the initiative of the employer. 12

b). When working on the initiative of an employee on the terms of internal or external part-time work. 14

4. Working hours. 16

Conclusion. 20

Task. 21

The purpose of this work is to study the new Labor Code of the Russian Federation in terms of the legal regulation of working time. When presenting the material in the work, the latest regulations were used, a comparative analysis Labor Code of the Russian Federation with the provisions of the Labor Code, as well as the necessary Conventions of the International Labor Organization.

The first chapter gives the basic concepts, discusses the importance of the legal regulation of working time, and also provides a comparative analysis of the provisions of chapters 15 and 16 of the Labor Code of the Russian Federation with chapter 4 of the Labor Code.

The second chapter examines in detail the types of working time, features and correlation of state and contractual methods of regulating working time.

The third chapter discusses the features of the regulation of working time outside of its normal duration. The concepts of overtime work and internal and external part-time work are considered.

The fourth chapter examines the regime and various ways of accounting for working time.

In conclusion, the main conclusions are given.

Legal regulation working hours establishes the types, norms, duration and mode of working hours, as well as the procedure for working in excess of the established working hours.

Art. 91 of the Labor Code of the Russian Federation defines work time, as the time during which the employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulatory legal acts, relate to working time.

Working time, in accordance with labor law, includes both the time during which work was actually performed, and periods during which work was not actually performed, but which, in accordance with labor law, are not subject to exclusion from working time (for example, downtime, paid breaks). On the other hand, the working time is also the time of work in excess of the established duration in cases provided for by law. This work must be compensated to the worker. An unpaid break for rest and meals is not excluded during working hours, but the time (moment) of the end of the working day (shift) depends on its duration. Unpaid leave, as well as absenteeism, lateness, premature withdrawal From the job. However, in accordance with labor law, the loss of working time is not subject to compensation by working off.

The importance of the regulation of working time is great, it is one of the legal guarantees of the right of citizens to rest, therefore, the rules on working hours are inextricably linked with the rules on rest time. Working time as a condition of work largely determines the standard of living of workers. The amount of free time used for recreation, satisfaction of cultural and other needs of people depends on its duration.

According to Art. 7 of the Constitution of the Russian Federation, “The Russian Federation is a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. .. Labor and health of people are protected in the Russian Federation..». The establishment of normal working hours in the norms of law (according to academician I.M. Sechenov, for the normal functioning of the body, 8 hours of work, 8 hours of rest and 8 hours of sleep are necessary), contributes to the implementation of constitutional policy Russian state, and also allows: to ensure the protection of the health of the employee, to promote his working longevity; receive from each worker a socially necessary measure of labor; to improve the cultural and technical level of the employee, to study on the job, to develop his personality, which, in turn, contributes to an increase in the duration of work.

It should be noted that in order to ensure the fulfillment of these goals, in addition to fixing the maximum duration of working time, it is necessary to regulate the procedure and methods for distributing working time within a day, week or other calendar period; rules for the use of working time; working hours, etc.

All of the above reflects the high importance of the legal regulation of working time as a factor contributing to the implementation of certain constitutional provisions, in particular, the creation of conditions for a decent life and free development of a person, ensuring labor protection and people's health; as well as the fulfillment by Russia of its function as a welfare state.

It is the responsibility of both the employer and employees to comply with labor law regulations regarding working hours and rest periods. Employees are obliged to use all working time for productive work, and the employer is obliged to provide all the necessary conditions for this and organize work in such a way that the rights of employees to rest and labor protection are not violated.

In the Labor Code of the Russian Federation, section 4 is devoted to the regulation of working time. It incorporated the main provisions of Chapter 4 of the Labor Code. At the same time, some new nuances and accents appeared. Thus, there is a distinction (Article 97) of two types of work outside the normal working hours: at the initiative of the employee (part-time work, which, according to the Code, can be not only external, but also internal), and at the initiative of the employer (overtime work). The Code determined those cases in which the issue of overtime work has the right to decide the employer himself (Article 99). This list includes works, the issue of the implementation of which requires an immediate decision, otherwise serious consequences are possible. That is, we are talking about situations where there is no time for any coordination. In this case, the written consent of the employee involved in overtime work is required. 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 trade union body of this organization. At the same time, the existing restrictions on the duration of overtime work. In addition, the legislator banned internal part-time employment in the main position of an employee.

The new Code legalized (Article 102) flexible working hours. In this mode, the beginning, end or total duration working day is determined by agreement of the parties.

The Code categorically prohibits (Article 113) (with the exception of specially stipulated cases) work not only on weekends, but also on non-working days. holidays. Moreover, in these cases, involvement in work on weekends and non-working holidays is allowed with the written consent of the employee and taking into account the opinion of the elected trade union body of this organization.

The new Labor Code introduced an article on irregular working hours. In addition, the duration of the working day was reduced from 6 to 5 hours with a six-day working week on the eve of the day off.

The new Labor Code of the Russian Federation uses a new procedure for calculating reduced working hours.

Apart from general concept working time, in the legislation, according to the duration, such types of it as normal, reduced, incomplete are distinguished. The first two types are established by legislation and on its basis by a collective and labor agreement, part-time work - by the parties to an employment contract when hiring or subsequently. These three types of working time are normalized working time.

The main norm of working hours under the current legislation is the working week, which is understood as the length of working hours in hours during a 7-day calendar week. The establishment of a weekly norm of working hours is due to the fact that the labor legislation provides for two types of working week: 5-day and 6-day.

Normal working hours an employee cannot exceed 40 hours per week (both with a five- and a six-day working week). The vast majority of our employees have normal working hours in accordance with the Labor Code. In addition, it is necessary to note the ratification by Russia of the ILO Convention 47 "On the reduction of working hours to 40 hours a week", according to which each member of the ILO that ratified this Convention declared its approval of the principle of a forty-hour working week.

For some categories of workers, abbreviated working hours. Unlike the previous Labor Code, in which the duration of the norms of reduced working hours was determined by indicating the maximum number of working hours per week, Art. 92 of the Labor Code of the Russian Federation, a different approach was chosen - it indicates the number of hours by which the normal working hours are reduced for the categories of workers indicated in it. Thus, the duration of the reduced working time is made dependent on the duration of the normal one.

Introduction

Man's work, like his whole life, always proceeds in time. For all types of socially useful activities of people, the general measure of the amount of labor expended is working time. Working time, on the one hand, fixes the measure of labor, on the other hand, provides the employee with time to rest and restore the expended strength. The employee performs labor duties for a certain period of time, called working time. With the entry into force Labor Code of the Russian Federation of December 30, 2001 N 197-FZ (with amendments and additions of July 24, 25, 2002, June 30, 2003, April 27, August 22, December 29, 2004, June 30, 2006 d.) (hereinafter referred to as the Labor Code of the Russian Federation) regulation of working hours is carried out in accordance with Section IV of this Code.
It is within the rights of the parties to labor relations to determine the boundaries of working time, to establish the beginning of the working day, its end, the time for a lunch break, as well as the working hours, through which the working hours established by the current legislation are fulfilled.
Closely related to the question of working time is the question of rest time. What is meant by rest time, what types of rest time are provided, when annual paid leave is provided (basic and additional), when it is possible to provide leave without pay, how the duration of vacation is calculated, compensation for unused vacation.
On June 30, 2006, Federal Law No. 90-FZ "On Amendments to the Labor Code of the Russian Federation" was adopted declaring as invalid on the territory of the Russian Federation certain normative legal acts of the USSR and invalidated certain legislative acts (provisions of legislative acts) of the Russian Federation "(hereinafter - Federal Law of June 30, 2006 N 90-FZ), which introduced significant changes to the Labor Code of the Russian Federation , which also touched upon working time and rest time, which is what this book is devoted to.

Chapter I. Legal regulation of working time

1. The concept of working time. Normal working hours

Working time and rest time are interconnected legal categories. These categories are used not only in legal science, but also in sociology, psychology, economics and other branches of knowledge. Each of these sciences studies certain aspects of working time. So, in the economic aspect, working time consists of two parts:
1) time of productive work;
2) the time of breaks in work (losses of working time due to production failures, which depend on the employee himself).
Working time is measured in the same units as time in general, i.e. in hours, days, etc. Legislation most often uses such meters as the working day (shift) and the working week.
The limitation of working time by law was one of the first requirements that arose at the beginning of the 19th century. labor movement. In the middle of the nineteenth century. the first labor laws to appear concerned the limitation of working hours (until now unrestricted) for women and children. Then they were extended to men (for the first time in England).
In Russia, until the end of the 19th century, the law did not limit working hours, and it was 14-16 hours a day. Under the pressure of the labor movement, especially the weavers of the Morozov manufactory (Ivanovo), in Russia in 1897 the first law was adopted to limit the working day to 11.5 hours, and for women and children to 10 hours. But this law did not limit overtime in any way, which nullified the limitation of the working day.
The working day of 8 hours was introduced for the first time in the world in Russia by the Decree of 1917, which corresponded to the requirements of the international labor movement.
The International Labor Organization pays great attention to the regulation of working time. First of all, it is necessary to note the ILO Convention N 47 (1935) "On the reduction of working hours to forty hours a week." A number of ILO conventions and recommendations are of guidance. These include ILO Recommendation N 116 (1962) "On the reduction of working hours", ILO Convention N 171 (1990) "On night work", etc.
Working time consists of the hours actually worked during the day. It may be less or more than the duration of work established for the employee. Working hours include other periods within the norm of working hours when work was not actually performed. For example, paid breaks during the working day (shift), downtime through no fault of the employee.
The length of working time is, as a rule, established by fixing the weekly norm of working time.
The maximum limit of working hours is established by law, thereby it limits the length of working hours. Article 37 of the Constitution of the Russian Federation, fixing in paragraph 5 the right to rest, indicates that a person working under an employment contract is guaranteed the length of working time established by federal law.
The Labor Code assigned section IV to working time, consisting of two chapters (15 and 16).
Article 91 of the Labor Code of the Russian Federation defines working time.
Working time - the time during which the employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulatory legal acts, are related to working time. Based on this, it is in the rights of the parties to labor relations to determine the boundaries of working time, to establish the beginning of the working day, its end, the time for a lunch break, as well as the working time regime, through which the working time standard established by the current legislation is ensured.
The Code emphasizes that normal working hours cannot exceed 40 hours per week. This maximum working time applies to the vast majority of workers and is therefore considered in the legal aspect to be a universal measure of labor.
The significance of the limitation of working hours by law is that:
1) ensures the protection of the health of the employee from excessive overwork and contributes to the longevity of his professional ability to work and life;
2) for the working time established by law, society, production receive from each worker the necessary definite measure of labor;
3) allows the employee to study on the job, improve their skills, cultural and technical level (develop personality), which in turn contributes to the growth of the employee's labor productivity and the reproduction of a skilled workforce.
The time during which the employee, although he does not fulfill his labor duties, but performs other actions, includes periods of time that are recognized as working time, for example, downtime through no fault of the employee. For example, in accordance with Art. 109 of the Labor Code of the Russian Federation during working hours are included special breaks for heating and rest, provided to workers working in the cold season in the open air (for example, construction workers, assemblers, etc.) or in closed unheated premises, as well as loaders engaged in loading and unloading operations. The temperature and strength of the wind, at which this type of break must be provided, is determined by the executive authorities. The specific duration of such breaks is determined by the employer in agreement with the elected trade union body.
Breaks for industrial gymnastics must be provided to those categories of workers who, due to the specifics of their work, need active rest and a special set of gymnastic exercises. For example, drivers are entitled to such breaks 1-2 hours after the start of the shift (up to 20 minutes) and 2 hours after the lunch break. With regard to any other categories of employees, the issue of granting them such breaks is decided in the internal regulations.
According to Art. 258 of the Labor Code of the Russian Federation working hours include additional breaks for feeding the child (children) provided to working women with children under the age of one and a half years, at least every three hours of continuous work, lasting at least 30 minutes each. Breaks for feeding children are included in working hours and are payable in the amount of average earnings.
As a rule, working hours include periods of performance of the main and preparatory-final activities (preparation of the workplace, receipt of an order, receipt and preparation of materials, tools, familiarization with technical documentation, preparation and cleaning of the workplace, delivery finished products etc.), provided for by the technology and organization of labor, and does not include the time spent on the road from the checkpoint to the workplace, changing clothes and washing before and after the end of the working day, lunch break.
In conditions continuous production the transfer and acceptance of a shift is the responsibility of shift personnel, provided for by the instructions, norms and rules in force in organizations. The transfer and acceptance of the shift is due to the need for the employee receiving the shift to get acquainted with the operational documentation, the state of the equipment and the progress of the technological process, to accept oral and written information from the employee handing over the shift to continue the technological process and equipment maintenance. The specific duration of the transfer-reception of a shift depends on the complexity of the technology and equipment.
At the same time, considering that Art. 91 Labor Code of the Russian Federation gives the parties to labor relations the right to determine the principles for regulating working hours, then the issues of including the above time periods in working hours should be decided by them independently. The adopted decision is fixed in the approved in in due course internal labor regulations.

2. Types of working time

Types of working hours differ in their duration. The normalization of working time is carried out taking into account a number of working conditions, age and other characteristics of employees.
The Labor Code of the Russian Federation provides for three types of working hours:
1) normal working hours;
2) reduced working hours;
3) part-time work;
Normal hours of work may not exceed 40 hours per week both five and six day work weeks. This is the statutory (Article 91 of the Labor Code of the Russian Federation) the norm of working hours, which must be observed by the parties to the employment contract (employee and employer) throughout the Russian Federation, regardless of the organizational and legal form of the enterprise, type of work, duration of the working week. Normal working time is a general rule and applies if the work is performed under normal working conditions, and the persons performing it do not need special labor protection measures; applies to manual and manual workers. Normal working hours should be of such duration as to preserve the possibility of life and work. Its duration depends on the level of development of the productive forces.
It should also be taken into account that the normal working hours established by Art. 91 TK RF applies equally to both permanent and temporary workers, seasonal workers, and workers hired for the duration of certain work (Art. 58, 59 of the Labor Code of the Russian Federation) and etc.
As for part-time workers, the duration of part-time work for a month is established by agreement between the employee and the employer. Meanwhile, the legislator established that the length of working time set by the employer for persons working part-time cannot exceed 4 hours per day and 16 hours per week. (paragraph 1 of article 284 of the Labor Code of the Russian Federation). In separate normative acts, the legislator establishes exceptions to the above rules. Such an exception is found, for example, in Decree of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers."
The legislator provides for the obligation of the employer to keep records of the time actually worked by each employee. The main document confirming such accounting is the time sheet, which reflects all work: daytime, evening, night hours of work, hours of work on weekends and holidays, overtime hours of work, hours of work reduction against the established length of the working day in cases provided for by law, downtime through no fault of the employee, etc.
It is necessary to distinguish between the duration of working hours during the day and the norms of working hours. The duration of the working week is calculated from seven hours of the duration of the working day, the length of working time during the day may be different.
In addition to normal working hours, the Labor Code of the Russian Federation regulates the issues of reduced working hours, part-time working hours, irregular working hours, overtime work, etc.
Reduced hours of work (Article 92 of the Labor Code of the Russian Federation). This type of working time is, firstly, established by the Labor Code and federal laws, secondly, it is mandatory for the employer, and thirdly, it is paid as normal working hours. Its duration is less than the norm, but the duration of reduced working time is not the same for those employees for whom it is established. The law establishes not only the maximum duration of the working week (Article 92 of the Labor Code of the Russian Federation), but also a working day (Article 94 of the Labor Code of the Russian Federation).
When establishing a reduced working time, the employee retains all provided by law perks and benefits.

According to the Federal Law of June 30, 2006 N 90-FZ, normal working hours are reduced for the following categories of underage workers (Article 92 of the Labor Code of the Russian Federation):

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 jobs with harmful and (or) dangerous working conditions - 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.

The working time of students of educational institutions under the age of eighteen, working during the academic year in their free time, cannot exceed half of the norms established by the above norms for persons of the corresponding age.
The Labor Code of the Russian Federation and other federal laws may establish reduced working hours for other categories of workers (pedagogical, medical and other workers).
It does not matter whether the minor is studying in general education school, in a vocational school, in a secondary specialized or higher educational institution, in state educational institutions or private, mixed, etc.
The legal age for employment is 15 years. Previously, persons who had reached this age could only be employed in exceptional cases. Currently, students of educational institutions in their free time can be accepted for light work (not related to the gambling business, work in night cabarets and clubs, production, transportation and trade in alcoholic beverages, tobacco products, narcotic and toxic drugs), with 14 years - only with the consent of the parent (adoptive parent, guardian).
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 of general educational institutions, educational institutions of primary and secondary vocational education, combining 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;
- 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.
The work of underage workers is paid taking into account the reduced duration of work. However, the employer has the right, at his own expense, to make additional payments to them up to the normal wages of the corresponding category of employees for the normal duration of work. This rule applies regardless of the system of remuneration (time or piecework) Art. 271 of the Labor Code of the Russian Federation.
Reduced working hours are also established for workers with reduced ability to work - disabled people of groups I and II, in accordance with Part 1 of Art. 92 of the Labor Code of the Russian Federation and Art. 23 of the Federal Law of November 24, 1995 "On social protection disabled people in the Russian Federation".

For these purposes, as provided for in Art. 21 of the Law on Social Protection, organizations with more than 30 employees are set a quota for hiring disabled people as a percentage of average headcount employees (but not less than 2 and not more than 4%). In case of non-fulfillment or impossibility of fulfilling the established quota for hiring disabled people, employers monthly pay to the budgets of the constituent entities of the Russian Federation a mandatory fee for each disabled disabled person within the established quota.
For the employment of disabled people, it is planned to create special jobs, i.e. jobs that require additional labor organization measures. At the same time, special jobs for persons who have become disabled due to accidents at work or occupational diseases, are created at the expense of the employers who cause harm (Article 22 of the Law on Social Protection).
As stated in Art. 23 of the Law on Social Protection, disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with an individual program for the rehabilitation of a disabled person. The same article determines that it is not allowed to establish in collective or individual labor contracts the working conditions of disabled people (wages, working hours and rest periods, the duration of annual and additional paid holidays, etc.), worsening their situation in comparison with other workers.
Article 23 of the Law on Social Protection the following conditions are provided for when organizing the work of disabled people: for disabled people of groups I and II, a reduced working time is established - no more than 35 hours per week with full pay. These provisions comply with the Labor Code of the Russian Federation (art. 92). At the same time, the duration of daily work (shift) cannot exceed for the disabled the time determined by the medical report. (Article 94 of the Labor Code of the Russian Federation).
Maintaining full pay in practice means that if a disabled employee is paid a monthly salary (in accordance with the position held), then for a fully worked month (despite the fact that during this period they worked fewer hours than normal working hours) , the employee will receive wages in the amount of this salary.
The next category of citizens for whom the reduced working hours are valid are workers employed in work with harmful and (or) dangerous working conditions. The working time of these persons is reduced by four or more hours per week in accordance with the procedure established by the Government of the Russian Federation, and cannot exceed 36 hours per week. According to the Federal Law of June 30, 2006 N 90-FZ for workers employed in work 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 working week or less - 6 hours.
The names of the professions of workers and positions of engineering and technical workers and employees provided for in the List are indicated in accordance with the Unified Tariff and Qualification Directory of Works and Professions of Workers, occupations of workers, communications workers and junior service personnel that are not included in the Unified Tariff and Qualification Directory of Works and professions of workers who are set monthly salaries, as well as the Unified nomenclature of positions of employees.
All employees whose professions and positions are provided for in the relevant sections of the List, regardless of the sector of the economy, have the right to establish a reduced working day. In addition, the specified right arises for the employee if he actually performed such work in harmful conditions for at least half of the working day.
Additional leave and a shorter working day should be granted only to those workers, engineering and technical workers and employees whose professions and positions are provided for in the relevant industries and workshops. In cases where the List contains sections or subsections that provide for certain types of work (such as painting, welding, forging and pressing work), additional leave and reduced working hours should be granted regardless of which production or workshop these works are being carried out. Workers, engineers and technical workers and employees whose professions and positions are provided for in the section "General professions of all sectors of the national economy", additional leave and a shorter working day are provided regardless of the industries or workshops in which they work, if these professions and positions are specially are not provided for in the relevant sections or subsections of the List.
For workers, engineering and technical workers and employees whose professions and positions are not included in the List, but who perform work on certain days in industries, workshops, professions and positions with harmful working conditions provided for in the List, a reduced working day is established on these days of the same duration, as for workers, engineering and technical workers and employees permanently engaged in this work.
In cases where workers, engineering and technical workers and employees during the working day were engaged in various works with harmful working conditions, where a shortened working day of various lengths is established, and in total they worked in these areas for more than half of the maximum length of the shortened day, their working day should not exceed 6 hours.
Workers, engineering and technical employees and employees of third-party organizations (construction, construction, repair and construction, commissioning, etc.) and employees of auxiliary and auxiliary shops of the enterprise (mechanical, repair, energy, instrumentation and automation, etc.) in days of their work operating productions, shops and in areas with harmful working conditions, where both for the main workers and for the repair and maintenance personnel of these industries, shops and sites a reduced working day is established, a reduced working day is also established.
For teaching staff of educational institutions, a reduced working time of no more than 36 hours per week is established. (Article 333 of the Labor Code of the Russian Federation, clause 5 of Article 55 of the Law on Education). This is due to the special nature of their work, which requires considerable intellectual and nervous tension.

Along with Art. 333 of the Labor Code of the Russian Federation At present, in the territory of the Russian Federation, the duration of the working week of teachers and other educational workers is largely regulated by federal legislation. At the same time, there is a clear relationship between official salary rates and the number of hours worked per week.
Depending on the position and (or) specialty, taking into account the characteristics of their work, the following working hours are established for pedagogical workers of educational institutions:
1) 36 hours a week - for employees from among the teaching staff of educational institutions of professional higher education and educational institutions of additional professional education (advanced training) of specialists;
2) 30 hours a week - for senior educators of educational institutions (except for preschool educational institutions and educational institutions of additional education for children);
3) 36 hours per week:
a) senior educators of preschool educational institutions and educational institutions of additional education for children;
b) teachers-psychologists, methodologists (senior methodologists), social pedagogues, organizing teachers, masters of industrial training, senior counselors, labor instructors of educational institutions;
c) heads of physical education of educational institutions of primary vocational and secondary vocational education;
d) teachers-organizers (basics of life safety, pre-conscription training) of general educational institutions, institutions of primary vocational and secondary vocational education;
e) instructors-methodologists (senior instructors-methodologists) of educational institutions of additional education for children of a sports profile.
The norm of hours of teaching work for the wage rate (normalized part of pedagogical work):
1) 18 hours a week:
a) teachers of grades 5-11 (12) of general education institutions (including cadet schools), general education boarding schools (including cadet boarding schools), educational institutions for orphans and children left without parental care, special ( correctional) educational institutions for students (pupils) with developmental disabilities, health-improving educational institutions of a sanatorium type for children in need of long-term treatment, special educational and educational institutions of open and closed type, educational institutions for children of preschool and primary school age, educational institutions for children in need of psychological and pedagogical and medical and social assistance, interschool educational complexes, training and production workshops;
b) teachers of pedagogical schools and pedagogical colleges;
c) teachers of special disciplines 1-11 (12) classes of musical, artistic educational institutions;
d) teachers of grades 3-5 of schools of general musical, artistic, choreographic education with a 5-year term of study, grades 5-7 of art schools with a 7-year term of study (children's music, art, choreographic and other schools), grades 1-4 children's art schools and schools of general art education with a 4-year term of study;
e) teachers of additional education;
f) trainers-teachers (senior trainers-teachers) of educational institutions of additional education for children of a sports profile;
g) foreign language teachers of preschool educational institutions;
2) 20 hours a week - for teachers of grades 1-4 of general educational institutions;
3) 24 hours a week - teachers of grades 1-2 of schools of general musical, artistic, choreographic education with a 5-year term of study, grades 1-4 of children's music, art, choreographic schools and art schools with a 7-year term of study;
4) 720 hours per year - for teachers of primary and secondary vocational education institutions.
The norm of hours of pedagogical work for the wage rate:
1) 20 hours a week - teachers-defectologists and teachers-speech therapists;
2) 24 hours a week - for music directors and accompanists;
3) 25 hours a week - for educators of educational institutions working directly in groups with students (pupils) who have developmental disabilities;
4) 30 hours a week - for physical education instructors, educators in boarding schools, orphanages, extended day groups of general educational institutions, in school boarding schools;
5) 36 hours a week - for teachers of preschool educational institutions, preschool groups general educational institutions and educational institutions for children of preschool and primary school age, institutions of additional education for children and institutions of primary vocational and secondary vocational education.
The duration of the working hours of pedagogical workers includes teaching (educational), educational, as well as other pedagogical work, provided for by official duties and working hours, approved in the prescribed manner. Teachers who cannot be provided with a full teaching load are guaranteed the payment of the wage rate in full, provided that they are supplemented to the established norm of hours by other pedagogical work. Pedagogical workers must be informed about the decrease in the teaching load during the year and about the additional workload with other pedagogical work no later than two months in advance.

It should be noted that for hours of pedagogical (teaching) work in excess of the established norms, additional payment is made according to the received rate in a single amount (see paragraphs 86-87 of the Instruction on the procedure for calculating the wages of education workers approved by order of the USSR Ministry of Education of May 16, 1985 No. 94, taking into account additions and amendments made by order of the USSR State Committee for Public Education dated June 8, 1990 No. 400 of the extract regarding issues not regulated by regulatory legal acts of the Russian Federation).

Pedagogical (teaching) work in excess of these norms of teaching load is allowed only with the consent of teachers (teachers).
Professors, associate professors, senior teachers, assistants, teachers of higher educational institutions established a 6-hour working day and a 36-hour working week. The specific scope of work of these categories is determined by the administration of universities, taking into account the need for them to perform all types of educational, methodological and research work, their position, the curriculum of the university, the research plan, etc. The teaching load of the teacher is negotiated in the contract with him and is limited to the upper limit (i.e. within a 6-hour working day) (Clause 6, Article 55 of the Law on Education).
A reduced working week has been established for medical workers - no more than 39 hours. Depending on the position and (or) specialty, the working hours of medical workers are determined by the Government of the Russian Federation (Article 350 of the Labor Code of the Russian Federation) Decree of the Government of the Russian Federation of February 14, 2003 N 101 "On the duration of the working hours of medical workers depending on their position and (or) specialty" (as amended and supplemented on February 1, 2005).

So, medical workers who are listed in Appendix No. 1 to the said resolution are required to work a maximum of 36 hours a week. In particular, doctors in blood transfusion units should have such a working week. The one whose position is indicated in Appendix No. 2 to this decision can only work 33 hours a week (for example, an orthopedic dentist).
The medical workers listed in Appendix No. 3 to the above resolution work no more than 30 hours. Such a working week is set, for example, for a doctor who deals with fluorography. An even shorter working week - 24 hours - is set for medical workers who deal with gamma drugs in radio manipulation rooms and laboratories.
Physicians and average medical staff hospitals, maternity hospitals, clinics, specialized sanatoriums, outpatient clinics, health centers and other medical institutions, the working day is 6 hours 30 minutes. Employees involved in the diagnosis and treatment of HIV-infected people have a 36-hour work week.
Doctors of outpatient clinics engaged exclusively in outpatient admission of patients, doctors of MSEC and CEC, dentists, dentists-prosthetists have a working day of no more than 5.5 hours. Doctors and employees of nursing homes for the elderly and disabled have reduced working hours - no more than 6.5 hours per day.
It should be taken into account that although the mentioned norms of the length of working hours were once established only for pedagogical and medical workers public institutions, they also apply to educational, medical institutions based on any form of ownership and having any organizational and legal forms (lyceums, gymnasiums, private universities, medical cooperatives, private clinics, etc. Article 3 of the Law of the Russian Federation of July 10, 1992 N 3266-1 "On Education" ).
A reduced 36-hour workweek is established for women working in countryside, in accordance with the resolution of the Supreme Council of the RSFSR of November 1, 1990 N 298 / 3-1 "On urgent measures to improve the situation of women, families, motherhood and childhood in the countryside" (as amended and supplemented on August 24, 1995 .), if a shorter working week is not provided for them by other legislative acts.

For women working in the regions of the Far North and areas equated to them, a 36-hour work week is established by a collective agreement or an employment contract, Art. 320 of the Labor Code of the Russian Federation; (Article 22 of the Law of the Russian Federation of February 19, 1993 N 4520-1 "On State Guarantees and Compensations for Persons Working in the Far North and Equivalent Localities" (as amended and supplemented on June 2, 1993, January 8, 1998, December 27, 2000, August 6, December 30, 2001, January 10, 2003, August 22, December 29, 2004), unless a shorter working week is provided for by federal laws. in this case, wages are paid in the same amount as for a full-time work week.
In addition, reduced working hours are established for the following categories of workers.
In accordance with the Federal Law of November 7, 2000 N 136-FZ "On the social protection of citizens employed in work with chemical weapons" (as amended and supplemented on July 25, 2002, August 22, 2004) (Article .1, 5) installed:
1) 24-hour working week for employees performing R&D, and at the same time using toxic chemicals, work on the disposal and destruction of chemical munitions, containers, devices, and a number of others;
2) 36-hour work week for employees employed in work on maintenance chemical weapons, for transportation, for ensuring the security of storage of such weapons and a number of other works.
In accordance with the Federal Law of June 18, 2001 N 77-FZ "On the Prevention of the Spread of Tuberculosis in the Russian Federation" (as amended and supplemented on August 22, 2004) (Art. 15), a reduced 30-hour work week was established for medical, veterinary and other workers involved in the provision of anti-tuberculosis care.
Employees with reduced working hours are paid wages on terms similar to those for employees with normal working hours. Thus, if for any category of workers the establishment of a reduced working time is provided, then this in no way affects the amount of his wages. As an example of work with a reduced duration of time, the following can be given. staffing structural subdivision of an organization located in remote areas, 10 positions are provided. Women work in three positions of the structural subdivision, work in two positions is associated with the performance of work in hazardous conditions, a young man under the age of 16 works in one position.

The remuneration of workers should be built solely on the basis of the tariff categories (official salaries) established for workers, without taking into account the rights of some of them to reduced working hours. So, if an employee in a position, work in which is associated with harmful working conditions, has the same tariff category, as an employee with a 40-hour work week, then wages based on tariff rate(salary) should be equal.
Reduced working time should be distinguished:
1) from the so-called part-time work;
2) from cases of reduction of working hours on the eve of non-working holidays and days off;
3) from the reduction of working hours, in cases where work is carried out at night;
4) from the duration of work in combination;
5) from other cases of reduction in working hours provided for in the norms of the Labor Code of the Russian Federation, which will be discussed later.
Normal hours of work and reduced hours of work are inherently types of full-time hours during which the worker works out the statutory hours of work. This is the difference between reduced working hours and part-time.
Part-time work. The third type of working time. Part-time working time is always shorter in duration than normal or reduced working time. The term "part-time work" itself covers both part-time work and part-time work. This type of working time is established by agreement between the employee and the employer both at the time of employment and subsequently. In addition, an employer (including an individual) is obliged to establish part-time work or a part-time work week at the request of a pregnant woman, one of the parents (guardian, guardian) who has a child under the age of 14 (a disabled child under the age of 18). ), as well as a person caring for a sick family member in accordance with a medical report (clause 1, article 93 of the Labor Code of the Russian Federation).
In many respects, the mode of work on a part-time basis is still regulated by union acts of law (to the extent that it does not contradict the Labor Code of the Russian Federation) and, in particular, the Regulation on part-time work of April 29, 1980. It has been established that when hiring with part-time working day record about it in work book not performed (clause 3 of the Regulations).
Both the working day and the working week can be part-time. Moreover, neither a minimum nor a maximum is established in the current legislation. According to the Regulation on the procedure and conditions for the employment of women with children and working part-time, dated April 29, 1980, part-time work was established, as a rule, not less than 4 hours and not more than 20, 24 hours with a five-, six-day working week .
With a part-time working day, an employee works fewer hours than established by the routine or schedule at a given enterprise for a given category of workers, for example, instead of eight hours, four.
With a part-time working week, the number of working days is reduced against a five-day or six-day week.
Part-time work may consist simultaneously in the reduction of the working day and the working week.
Such a part-time mode can also be applied, when daily work is divided into parts (for example, morning and evening mail delivery to the office of the enterprise, etc.).
Part-time work can be established by agreement of the parties both without time limit, and for any convenient for the employee referred to in Art. 93 of the Labor Code of the Russian Federation, term: for example, for the period of the child's school year, for the period until he reaches 10 years of age, etc. (clause 4 of the Regulations).
The employer is obliged to establish part-time work at the request of the employee in cases provided for in the Labor Code of the Russian Federation. However, the employer very often refuses the employee to establish part-time work. This raises the question of which body the employee can appeal against the actions of the employer.
The employer's refusal to establish a part-time work regime can be appealed by the employee in accordance with Art. 385 of the Labor Code of the Russian Federation to the commission on labor disputes(CTS) created in the organization. In accordance with Art. 390 of the Labor Code of the Russian Federation, an employee who does not agree with the decision of the labor dispute commission has the right to go to court.

The Labor Code of the Russian Federation, unlike the Labor Code, does not call the CCC the primary body for the consideration of labor disputes. Preliminary consideration of a dispute in the CCC is not prerequisite without which the employee cannot apply to the judicial authorities. The employee can apply to the court, bypassing the commission. The initiators of the formation of the CCC are the parties to the labor dispute themselves - the employee and the employer. A labor dispute is submitted to the commission for consideration when the employee, independently or with the participation of his representative, did not resolve the differences during direct negotiations with the employer, the CCC in this case is an arbitrator between the parties to the dispute.
The decision of the CCC may be appealed by the employee or employer to the court within 10 days from the date of delivery of a copy of the decision to him. If the complaint is not filed, then the decision of the CCC is subject to execution within three days, after the expiration of ten days provided for appeal.
The Labor Code of the Russian Federation retained the norm of Art. 208 of the Labor Code that if an individual labor dispute is not considered by the CCC within 10 days, the employee has the right to transfer its consideration to the court. So short term due to the fact that the appeal to the court itself is limited to a 3-month period (Article 392 of the Labor Code of the Russian Federation).
The right of the parties to appeal to the court with a complaint against the decision of the CCC is not limited by any conditions. For any reason, both the employee and the employer have the right to challenge the decision of the CCC in court.
Part-time work can be established not only at the request of the employee and in his interests, but also at the initiative of the employer. Thus, the transition to the condition of part-time work is possible in connection with changes in the organizational or technical conditions of work, taking into account the opinion of the elected trade union body of this organization for a period of not more than six months. in cases where the part-time work regime is introduced at the enterprise for all or individual employees at the initiative of the administration, the following rules must be observed:
1) as follows from the provisions of art. 73 of the Labor Code of the Russian Federation, any essential terms of the employment contract can be changed, except labor function, i.e. the position (specialty) of the employee provided for by the employment contract, and the range of duties performed by him;
2) the employer must notify employees of the introduction of changes in writing no later than two months before their introduction (for employers - individuals a different period is set - at least 14 calendar days (Article 306 of the Labor Code of the Russian Federation).
Since the legislation does not establish the form of notification, therefore, it can be arbitrary. The main thing is that the text allows you to establish what the employee was notified about and when. The notice must bear the personal signature of the employee;
3) if the employee does not agree to work in the new conditions, the employer is obliged to offer him another job available in the organization that will correspond to his qualifications and state of health. In the absence of such work, the employee must be offered a vacant lower position or a lower-paid job (also suitable for the employee's qualifications and state of health).
In case of disagreement with the new working conditions, employees have the right to terminate the employment contract (contract) on the grounds provided for in paragraph 7 of Art. 77 of the Labor Code of the Russian Federation (refusal of the employee to continue working due to a change in essential working conditions), the employment contract with him is terminated for a different reason - "reduction in the number or staff of employees" (clause 2 of article 81 of the Labor Code of the Russian Federation) with the provision of appropriate guarantees to the employee and compensation. Moreover, the employee has the right to declare his disagreement and quit on this basis only until the introduction of the part-time regime (for this, the rule of a 2-month warning period has been established). If the employee changed his mind after the introduction of this regime, then he can quit only at his own request.

The cancellation of the part-time work regime is carried out by the employer, taking into account the opinion representative body employees of the organization. In accordance with Art. 93 of the Labor Code of the Russian Federation, part-time work does not entail any restrictions for employees on the duration of annual leave, the calculation of seniority and other labor rights.
According to the amendments made to the Labor Code of the Russian Federation FZ of 30.06.2006, Art. 96 of the Labor Code of the Russian Federation, a provision has been introduced that the duration of work at night is reduced by one hour without subsequent working off.
The content of Art. 97 of the Labor Code of the Russian Federation. In accordance with the norm, which is included in the specified article, the employer has the right, in the manner established by the Labor Code of the Russian Federation, to involve an employee in work outside the working hours established for this employee in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation. Federation, collective agreement, agreements, local regulations, labor contract:


Working on a part-time basis does not entail a reduction in the duration of annual and study leave, the time of work is counted in the length of service as full-time work; bonuses for work performed are accrued on a general basis; weekends and holidays are provided in accordance with labor legislation. However, payment for part-time work is made in proportion to the hours worked or depending on the output. Part-time work is one of the essential conditions of the employment contract.

3. Working hours

3.1. Rules for determining the length of the working day

The normal working hours are established by art. 91 of the Labor Code of the Russian Federation and cannot exceed 40 hours per week. This length of working time is established by law for all enterprises, regardless of its organizational and legal form.
This is the general maximum working time for all employees, both permanent, temporary and seasonal, and also regardless of whether they have a working week: 5-day or 6-day.
In general, employees have a 5-day work week with two days off. A 6-day week is established where, due to the nature of production and working conditions, the introduction of five working days a week is impractical, as, for example, in trade, communications, transport, etc.
The administration of the organization together with the relevant elected trade union body, taking into account the specifics of work, opinions labor collective a 5- or 6-day working week can be established with the fixing of this provision in the internal labor regulations or shift schedules in compliance with the established length of the working week.
In this regard, for different modes of operation, it is necessary to correctly determine the length of the working day.
A working day is the statutory working time during the day. The duration of daily work, its beginning and end, breaks during the working day provide for the rules of the internal labor schedule, and for shift work, also shift schedules, including the shift method.
In all cases, the determination of the length of the working day is primarily based on the normal or reduced working hours established by the current labor legislation, which were discussed earlier. This time is then adjusted in accordance with the requirements of the legislation to reduce its duration.
When determining the length of the working day (shift), the employer must comply with the requirements of Art. 94 of the Labor Code of the Russian Federation, according to which such a duration cannot exceed:
1) 5 hours for employees aged 15 to 16 and 7 hours for employees aged 16 to 18;
2) for students of general educational institutions, educational institutions of primary and secondary vocational education, working during the academic year in their free time - 2.5 hours at the age of 14 to 16 years and 3.5 hours at the age of 16 to 18 years;
3) for disabled people of groups I and II - in accordance with a medical report.
According to the amendments made to the Labor Code of the Russian Federation FZ of June 30, 2006 N 90-FZ, Art. 94 of the Labor Code of the Russian Federation, which establishes the duration of daily work (shift) for certain categories of workers, it is proposed to increase the duration of daily work to 4 hours for students of general educational institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, at the age of sixteen to eighteen years of age.

Also, the employer must remember that persons under the age of 18 are not recruited to work in the following types of industries (Article 265 of the Labor Code of the Russian Federation):
1) in underground works;
2) in industries with harmful and dangerous working conditions. Their list is given in the Decree of the Government of the Russian Federation of February 25, 2000 N 163 "On approval of the list of heavy work and work with harmful or dangerous working conditions, in the performance of which it is prohibited to use the labor of persons under eighteen years of age" (as amended and supplemented from 20 June 2001);
3) at work that is harmful to the health and moral development of adolescents (gambling business, work in night cabarets and clubs, production, transportation and sale of alcoholic beverages, tobacco products, narcotic and toxic drugs);
4) at work on carrying and moving weights manually. The load standards for persons under eighteen years old when lifting and moving weights manually are approved by the Decree of the Ministry of Labor of Russia dated April 7, 1999 N 7 "On Approval of the Norms for the Maximum Permissible Movement of Weights Above the Limits".
Related to the question of the length of the working day, in particular for minors, is the issue of wages for adolescents.
Payment for labor of adolescents hired in their free time from study is made in proportion to the hours worked or depending on output (Article 271 of the Labor Code of the Russian Federation). When using the hourly form of remuneration, the employee's earnings are determined by multiplying the hourly wage rate by the number of hours actually worked.
The remuneration of labor of persons from among adolescents who have entered into permanent employment contracts is based on the forms and systems of remuneration adopted in the organization.

At the same time, with time wages, wages to employees under the age of eighteen are paid taking into account the reduced duration of work. At the same time, the employer has the right, at his own expense, to make additional payments to them up to the level of remuneration of workers of the relevant categories for the full duration of daily work (Article 271 of the Labor Code of the Russian Federation).
The work of workers under the age of 18 admitted to piece work is paid according to the established piece rates. In this case, the employer has the right to establish for them, at their own expense, an additional payment up to the tariff rate for the time by which the duration of their daily work is reduced.
Wage rates and output standards are approved by the employer, taking into account the opinion of the trade union body, or are established by a collective agreement.
At the same time, it should be borne in mind that for workers under the age of 18, the production norms in accordance with Art. 270 of the Labor Code of the Russian Federation are established on the basis of general production standards in proportion to the reduced working hours established for these workers.
For employees under the age of eighteen who enter work after graduating from general education institutions and general education institutions of primary vocational education, as well as those who have completed professional education in production, reduced production rates may be approved.
Along with the remuneration of adolescents, employers are obligated to provide them with the entire range of benefits, guarantees and compensations provided for by labor legislation (paid leave or vacation replacement). monetary compensation upon dismissal; provision of days off from work in connection with training, provision of special clothing, footwear and other means personal protection and so on.).
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:

1) with a 36-hour working week - 8 hours;
2) with a 30-hour working week or less - 6 hours.
For creative workers of cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses, mass media, professional athletes in accordance with the lists of categories of these workers approved by the Government of the Russian Federation, the duration of daily work (shift) can be established in accordance with laws and other regulatory legal acts, local regulations, a collective agreement or an employment contract.

Article 351 of the Labor Code of the Russian Federation is devoted to the regulation of the labor of creative workers in the media, cinematography organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance of works, professional athletes.
The duration of daily work (shift) for certain categories of employees is determined by the relevant regulatory legal acts. Thus, in accordance with the Decree of the Ministry of Labor of the Russian Federation of February 20, 1996 N 11 "On approval of the regulation on working hours and rest time for employees of floating ships navy", the daily normal hours of work for ship's crew members is 8 hours from Monday to Friday, i.e. 40 hours per week with two days off on Saturday and Sunday.
For individual members of the ship's crew, reduced working hours are established.
The daily total duration of work of a member of the ship's crew, including the time of keeping watch (work), performing, along with his duties, work for the missing employee and performing additional work that is not included in the scope of the direct duties of a crew member, should not exceed 12 hours.
12-hour working hours (with the corresponding provision of a weekly day of rest) should not exceed 30 consecutive days. The specific duration of this period is established by the employer in agreement with the relevant elected trade union body or other body authorized by employees, taking into account the complexity of the work and the navigation area.
Order of the Ministry of Transport of the Russian Federation (Mintrans of Russia) dated August 20, 2004 N 15 approved. Regulations on the peculiarities of working hours and rest time for car drivers. The Regulation establishes the specifics of the regime of working hours and rest time for drivers (with the exception of drivers employed in international transport, as well as those working as part of shift teams with a shift method of organizing work), working under an employment contract on cars belonging to organizations registered in the Russian Federation, regardless of organizational and legal forms and forms of ownership, departmental affiliation, individual entrepreneurs and other persons carrying out transportation activity on the territory of the Russian Federation. According to paragraph 7 of the Regulations for drivers working on a 5-day working week with two days off, the duration of daily work (shift) cannot exceed 8 hours, and for those working on a 6-day working week with one day off - 7 hours.
In cases where, due to the conditions of production (work), the established normal daily or weekly working hours cannot be observed, the drivers are set a summary record of working hours with a recording period of one month.
On the transportation of passengers in the resort area in the summer-autumn period and on other transportations related to the service seasonal work, the accounting period can be set up to 6 months. The duration of working time for the accounting period should not exceed the normal number of working hours. The summarized accounting of working time is introduced by the employer, taking into account the opinion of the representative body of employees.
With the summarized accounting of working time, the duration of the daily work (shift) of drivers cannot exceed 10 hours, except for the following cases provided for in clauses 10, 11, 12 of the Regulations.
So, in the case when, during intercity transportation, the driver needs to be given the opportunity to reach the appropriate place of rest, the duration of daily work (shift) can be increased to 12 hours.
If the driver's stay in the car is foreseen for more than 12 hours, two drivers are sent on a flight. In this case, the car must be equipped with a sleeping place for rest.
With the summary accounting of working time for drivers working on regular urban and suburban bus routes, the duration of daily work (shift) can be increased by the employer up to 12 hours in agreement with the representative body of employees.
Drivers carrying out transportation for healthcare institutions, organizations of public utilities, telegraph, telephone and postal communications, emergency services, technological (intra-object, intra-factory and intra-quarry) transportation without access to roads common use, streets of cities and other settlements, transportation on official cars when servicing public authorities and local governments, heads of organizations, the duration of daily work (shift) can be increased to 12 hours if the total duration of driving during the period of daily work (shift) does not exceed 9 hours.
In accordance with Art. 333 of the Labor Code of the Russian Federation, depending on the position and (or) specialty, taking into account the characteristics of their work, the length of the working day is established for pedagogical workers of educational institutions based on a reduced working time of no more than 36 hours per week (for more details, see).

3.2. Working hours on the eve of non-working, holidays and weekends

The duration of the working day (shift) immediately preceding a non-working holiday is reduced by one hour (Article 95 of the Labor Code of the Russian Federation).
Non-working public holidays in the Russian Federation are:
1, 2, 3, 4, and 5 January - New Year holidays;
January 7 - Christmas;
February 23 - Defender of the Fatherland Day;
March 8 - International Women's Day;
May 1 - Spring and Labor Day;
May 9 - Victory Day;
June 12 - Day of Russia;
November 4 - Day national unity(part 1 of the Federal Law of December 29, 2004 N 201-FZ).
Existing professional holidays, such as the Day of the Medical Worker, the Day of the Trade Worker, etc., do not apply to non-working holidays and the rules of Art. 95 of the Labor Code of the Russian Federation in these cases are not applicable.
On the eve of holidays and weekends, the duration of the working day (shift) is reduced by one hour, both with a 5-day and a 6-day working week.
At the same time, such a reduction is made not only in relation to employees with normal working hours, but also in relation to employees with reduced working hours. Prior to the entry into force of the Labor Code of the Russian Federation, the reduction of working days on the eve of holidays was carried out only for employees with a 40-hour working week. Previously, the Labor Code of the Russian Federation established the rule that the working day on the eve of the holiday is not reduced for those employees who have already established a reduced working time (minors, disabled people, employees employed in work with harmful working conditions, etc.). But with the adoption of the Labor Code of the Russian Federation, the situation has changed. Now the length of the working day or shift that immediately precedes the holiday is reduced by one hour for all employees.
Due to the fact that the duration of work with a 40-hour working week is subject to reduction by one hour, on the eve of holidays (non-working) days, the pre-day off is not reduced if the holiday is preceded by one or two days off.
For example, if the holiday falls on Sunday, and the organization has a 5-day working week, then the working day on Friday is not shortened, since in this case the holiday is preceded by a day off - Saturday.
In cases where, in accordance with the decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (the former day off) must correspond to the length of the working day to which the day off has been transferred (clarification of the Ministry of Labor of Russia dated February 25, 1994 N 19 ).
With a 5-day working week, the weekly norm of time is distributed according to the days of the week by a schedule or routine. Therefore, the legislation does not establish a reduction in the duration work shift on the eve of the weekend, as provided for the 6-day work week.
If in continuously operating organizations and in certain types of work it is impossible to reduce the duration of work (shift) on the pre-holiday day, processing must be compensated by providing the employee with additional rest time or, with the consent of the employee, payment in the manner of overtime work.
According to Art. 152 Labor Code of the Russian Federation overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount. Specific amounts of payment for overtime work may be determined by a collective agreement or an employment contract. At the request of the employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

4. Features of the use of workers' labor
at night, weekends and holidays,
over the established hours of work

4.1. Work at night

There are companies that technological process should not be interrupted even for a minute, and they work around the clock. For example, bakeries or steel mills. Employees of such enterprises regularly go to work at night.
Night time is from 22:00 to 06:00. (Article 96 of the Labor Code of the Russian Federation).
It is known that night work has an adverse effect on human health. Therefore, such work is subject to restriction. All of them are listed in the previously mentioned Art. 96 Labor Code of the Russian Federation.
The duration of work (shift) at night is reduced by one hour. For employees who have a reduced working time, as well as for employees hired specifically for night work, unless otherwise provided by the collective agreement, the duration of work (shift) is not reduced. Marginal rate working hours for employees working during the week on the night shift may not exceed 35 hours.
According to Federal Law of June 30, 2006 N 90-FZ, in Art. 96 Labor Code of the Russian Federation a provision was made that the duration of work at night is reduced by one hour without subsequent working off.
The duration of work at night is equalized with the duration in the daytime in cases where it is necessary for working conditions, as well as for shift work with a six-day work week with one day off. The list of the specified works can be determined by the collective agreement, the local normative act.
Certain categories of citizens are not allowed to work at night, these include:

• pregnant women;
• employees under the age of 18, 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 report,
• mothers and fathers raising children under the age of five without a spouse,
• as well as guardians of children of the specified 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 a medical report.
• At the same time, these employees must be in writing, against receipt, familiarized with their right to refuse to work at night. The refusal of workers of this category to work at night cannot be considered as a violation of labor duties.
  The inadmissibility of attracting these categories of workers to work at night also applies to cases where only part of the shift falls at night (paragraph 7 of the Resolution of the Plenum of the Supreme Court of the RSFSR dated December 25, 1990 N 6 "On some issues arising from the application of legislation by the courts, regulating the labor of women" (as amended on December 21, 1993) (as amended and supplemented on October 25, 1996, January 15, 1998).
  Also, disabled people can be involved in night work with their written consent, if such work is not prohibited to them for health reasons in accordance with a medical report (in the recent past, it was impossible to involve disabled people in night work even with their consent).
  In addition to the persons referred to in Art. 96 of the Labor Code of the Russian Federation, the following are not allowed to work at night:
  1) by general rule- women (Article 253 of the Labor Code of the Russian Federation);
  2) employees suffering from tuberculosis, if there is an appropriate conclusion from the EEC;
  3) single mothers raising children in the absence of round-the-clock preschool institutions;
  4) other categories of employees in accordance with separate legal acts.

The procedure for night-time work of creative workers of cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses, the media and professional athletes in accordance with the lists of categories of these workers approved by the Government of the Russian Federation may be determined by a collective agreement, local regulatory act or agreement of the parties to the employment contract.
Every hour of night work is paid at a higher rate than the same work at night. normal conditions(Article 154 of the Labor Code of the Russian Federation), but not lower than the amounts established by laws and other regulatory legal acts. Thus, by the Decree of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of February 12, 1987 N 194 "On the transition of associations, enterprises and organizations of industry and other sectors of the national economy to a multi-shift mode of operation in order to increase production efficiency" (which is valid in part, not contrary to the labor legislation of the Russian Federation) the additional payment for each hour of work at night for enterprises with multi-shift operation is determined at a rate of 40% of the employee's rate or salary. In this case, the employment contract may provide for a higher allowance for night work than established by law.

Payment for labor in case of non-fulfillment of labor standards (official duties) is made for the time actually worked or the work performed, but not lower than the average salary of the employee calculated for the same period of time or for the work performed and depends on the fault of the employee and the degree of product readiness.
In cases where non-fulfillment of labor standards (official duties) is due to reasons beyond the control of the employer and employee, the employee retains at least 2/3 of the tariff rate (salary).
In case of non-fulfillment of labor standards (official duties) due to the fault of the employee, payment of the normalized part of wages is made in accordance with the amount of work performed (Article 155 of the Labor Code of the Russian Federation).
Products that turn out to be defective (Article 156 of the Labor Code of the Russian Federation) are paid on an equal footing with good products, if the marriage took place through no fault of the employee.
A complete defect due to the fault of an employee is not subject to payment, and a partial defect due to the fault of an employee is paid at reduced rates, depending on the degree of suitability of the product.
Payment for downtime (temporary suspension of work due to economic, technological, technical or organizational reasons) is carried out depending on which party is to blame for the downtime. Downtime due to the fault of the employer is paid in the amount of at least 2/3 of the average salary of the employee. The condition of payment in this case is a written warning to the employee about the beginning of downtime.
Downtime for reasons beyond the control of the employer and employee, if the employee warned the employer in writing about the start of downtime, is paid in the amount of at least 2/3 of the tariff rate (salary). Downtime due to the fault of the employee is not paid (Article 157 of the Labor Code of the Russian Federation).
A collective or labor agreement may establish features of remuneration in the development of new industries (products) - maintaining the employee's previous salary for this period (Article 158 of the Labor Code of the Russian Federation).
The labor code only talks about increased pay for night shift workers. At the same time, it is possible to include in the text of the collective agreement a condition on increased wages for workers working on the evening shift.
In this case, you can focus on paragraph 9 of the resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions N 194, which was already discussed earlier. It states that the amount of additional payments for work on the evening shift is 20% of the hourly tariff rate (official salary) for each hour of work, and for the night shift - 40% for each hour of work.
The employer must make additional payments for night work to employees (for example, gas station operators) who have a summarized accounting of working hours and shift work (for example, work in the "day after three"), since from Art. 154 of the Labor Code of the Russian Federation it follows that the increased amount of payment for each hour of work at night does not depend on the working hours and rest time. Introduction to organizations of summarized accounting of working hours or shift mode work does not affect the pay for night work.
With regard to certain complexes of the national economy, there are sectoral tariff agreements that establish the amount of additional payments (surcharges) for work at night or a night shift (for example, the Industry Agreement on the timber industry complex of the Russian Federation for 2003-2005, registered by the Ministry of Labor of Russia on December 23, 2002 N 8671 -VYa, Sectoral tariff agreement for road transport for 2002-2004, registered by the Ministry of Labor of Russia on March 22, 2002 N 1641-VYA, Sectoral tariff agreement for the chemical, microbiological complex, registered by the Ministry of Labor of Russia on February 15, 2002 N 892-VYa ).
The Labor Code of the Russian Federation determines what the duration of working hours can be. Each company determines when the working day begins and when it ends. However, sometimes there are emergency circumstances in which the administration is forced to involve an employee in work after hours or even on holidays and weekends.

4.2. Work on weekends and holidays (subject to changes made by the Federal Law of 06/03/2006)

Article 111 of the Labor Code of the Russian Federation establishes the rule according to which all employees must be provided with days off (weekly uninterrupted rest). Differences in the types of working week (5-day, 6-day) predetermine differences in the number of days off provided to employees. With a 5-day working week, employees are provided with two days off per week, with a 6-day working week - one day off.
The general day off is Sunday. The second day off with a 5-day working week is established by the collective agreement or the internal labor regulations of the organization. Both days off are provided, as a rule, in a row. With a 5-day work week, the second day off may either precede or follow Sunday (Saturday).
Due to production, technical and organizational conditions, a long (on weekends) suspension of work is not possible. In such organizations, in accordance with the internal labor regulations, days off are provided to employees on different days of the week for each group of employees in turn.
On the basis of the internal labor regulations, this issue is resolved in specific periods of time (within the accounting period) by work schedules (shifts).
Such a norm allows you to ensure the timely provision of rest days to all employees of the organization. The above procedure should not be confused with working conditions in organizations where work must be carried out on a general day off due to the need to serve the population (shops, consumer services, theaters, museums, etc.). Days off in such organizations are used weekly on other days of the week and are established by the internal labor regulations. A day off is granted simultaneously to all employees on a certain day of the week that does not coincide with the general day of rest.
In the case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday, the employee, at his request, is provided with another day of rest.
If, by agreement with the employer, the employee went to work on the day of donating blood and its components (with the exception of heavy work and work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is provided with his wish for another day of rest.
After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be attached to annual paid leave or used at another time during the calendar year after the day of donating blood and its components (Article 186 of the Labor Code of the Russian Federation).
The list of non-working holidays is given in Art. 112 of the Labor Code of the Russian Federation. Non-working holidays in the Russian Federation are:
1) January 1, 2, 3, 4 and 5 - New Year holidays;
2) January 7 - Christmas;
3) February 23 - Defender of the Fatherland Day;
4) March 8 - International Women's Day;
5) May 1 - Spring and Labor Day;
6) May 9 - Victory Day;
7) June 12 - Day of Russia;
8) November 4 - National Unity Day.
If a weekend and a non-working holiday coincide, the day off is transferred to the next working day after the holiday.
According to the Federal Law of June 30, 2006 N 90-FZ, amendments were made to Art. 112 of the Labor Code of the Russian Federation. An attempt was made to solve the problem with the payment of pieceworkers on non-working holidays. However, the new changes do not solve the problem. It is proposed to establish that employees, with the exception of employees receiving a salary (official salary), for non-working holidays on which they were not involved in work, are paid additional remuneration. The amount and procedure for paying the specified remuneration are determined by the collective agreement, agreements, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, and the employment contract. The amounts of expenses for the payment of additional remuneration for non-working holidays are included in the cost of wages in full.
In addition, corresponding changes have been made to Art. 120 of the Labor Code of the Russian Federation, which excludes the provision that non-working holidays falling on the period of vacation are not included in the number of calendar days of vacation and are not paid. That removes the problem with paying non-working holidays to pieceworkers who these days fall on vacation. In fact, they eliminated the contradiction between Art. 112 and 120 of the Code. So, in Art. 120 states that "non-working holidays falling on the period of vacation are not included in the number of calendar days of vacation and are not paid." While in Art. 112 it is written that "the wages of employees in connection with non-working holidays are not reduced." So the words "are not paid" and it is proposed to exclude from Art. 120 - so that they do not diverge from the words "does not decrease" from Art. 112. So this is more of a technical amendment, because in fact nothing will change.
Also in Art. 112 of the Labor Code of the Russian Federation, a norm is included that will provide for additional rules for the transfer of days off by the Government of the Russian Federation. In particular, it is proposed to establish that the regulatory legal act of the Government of the Russian Federation on the transfer of days off to other days in the next calendar year is subject to official publication no later than one month before the start of the corresponding calendar year. The adoption of regulatory legal acts on the transfer of days off to other days during the calendar year is allowed subject to the official publication of these acts no later than two months before the calendar date of the day off to be established.
Urgent repairs are works that cannot be pre-planned and are unexpected. Urgent loading and unloading operations are carried out on holidays in order to release storage facilities, as well as prevention or elimination of idle time of the rolling stock or accumulation of goods at the points of departure and destination.
In continuously operating organizations, as well as with a summarized accounting of working hours, work on holidays is included in the monthly norm of working hours (clause 1 of the Clarification of the USSR State Committee for Labor and the All-Union Central Council of Trade Unions of August 8, 1966 N 13 / P-21 "On compensation for work on holidays days" (approved by the resolution of the State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions of August 8, 1966 N 465 / P-21). They are applied insofar as they do not contradict the Labor Code of the Russian Federation.
Article 167 of the Labor Code of the Russian Federation establishes that when an employee is sent on a business trip, he is guaranteed the preservation of average earnings. Wherein average earnings for the time the employee is on a business trip is saved for all working days of the week according to the schedule established at the place permanent job(clause 9 of the Instructions on business trips within the USSR, published by the USSR Ministry of Finance, the USSR State Committee for Labor and the All-Union Central Council of Trade Unions of April 7, 1988 N 62).

In accordance with the assignment for a business trip, specific deadlines for its implementation are set. The posted worker himself plans the performance of work, taking into account the working hours, working hours and rest time of the organization to which he is seconded.
According to specialists from the Ministry of Labor of Russia, weekend work performed by business travelers at the place of business trip on their initiative is not subject to payment. This follows from the very nature of a business trip as sending an employee to perform a specific assignment outside the place of his permanent work, where accounting and control over it by the administration is difficult. Employees who are on a business trip use weekly rest days at the place of business trip, and not upon returning from it.
Based on the Federal Law of June 30, 2006 N 90-FZ, in Art. 113 of the Labor Code of the Russian Federation, the procedure and grounds for engaging in work on weekends and non-working holidays are changed. Two categories of grounds have been established when an employee can be involved in work on a weekend and non-working holiday. The first category includes the following:
1) prevention of a catastrophe, industrial accident or elimination of the consequences of a catastrophe, industrial accident or natural disaster;
2) to prevent accidents, destruction or damage to the property of the employer, state or municipal property;
3) to perform 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 life or normal life conditions the entire population or part of it.
In these cases, the involvement of employees to work is allowed without their consent.
With the written consent of employees, it is allowed to involve them in work on weekends and non-working holidays if it is necessary to perform unforeseen work in advance, on the urgent performance of which the normal work of the organization as a whole or its individual structural divisions, an individual entrepreneur depends in the future.
In other cases, involvement in work on a weekend and non-working holiday is possible with the consent of the employee and taking into account the opinion of the primary trade union organization.
The requirement to familiarize persons with disabilities, as well as women with children under the age of three, with their right to refuse to work on weekends and non-working holidays is also being slightly modified. According to the proposed wording, the employer will be obliged to acquaint the said employees "against signature".
Work on weekends and non-working holidays is prohibited for pregnant women) and workers under the age of 18 (Article 259 of the Labor Code of the Russian Federation)
In accordance with Art. 153 of the Labor Code of the Russian Federation, work on a non-working holiday is paid at least double the amount:
1) pieceworkers - at least at double piecework rates;
2) employees whose labor is paid at daily and hourly rates - in the amount of at least double the daily or hourly rate.
Thus, when calculating wages, it is taken into account at least twice the amount of time actually worked on a holiday.
For employees receiving a monthly salary, work on a non-working holiday is paid in the amount of at least a single daily or hourly rate in excess of the salary, if work on a weekend and non-working holiday was performed within the monthly norm of working hours, and in the amount of at least double the hourly or daily rate in excess of salary, if the work was done in excess of the monthly norm.
The collective agreement may provide for higher wages for work on a holiday.
To ensure order and, if necessary, promptly resolve emerging issues on holidays and sometimes on weekends, the employer appoints responsible duty officers.
Such duty differs from the work called duty, provided for by work (shift) schedules, as well as from duty (and, in essence, also work), for which workers are specially hired (doctors on duty, watchmen, locksmiths on duty, etc.). In contrast to duty, here employees perform their main work under an employment contract with an appropriate work and rest regime.
Duty is the presence of an employee in an organization by order of the employer before or after the end of the working day, on weekends or holidays as a person responsible for order and for the prompt resolution of emerging urgent issues that are not related to production activities organizations.
On duty, a special resolution of the All-Union Central Council of Trade Unions of April 2, 1954 was adopted. There is no regulatory legal act on duty; does not mention them and the Labor Code of the Russian Federation.
In this regard (and since) the rules on duty, provided for by the above-mentioned resolution of the All-Union Central Council of Trade Unions, do not contradict the Labor Code of the Russian Federation, they should be guided in practice.
Employees are allowed to be on duty no more than once a month.
For duty on weekends and holidays, all employees are provided within the next 10 days with a day off of the same duration as the duty.
In the case of being called on duty before the start or after the end of the working day, the attendance for work is accordingly shifted so that the duration of the duty or work together with the duty does not exceed the established length of the working day.
Hours of duty in excess of the time of daily work according to the schedule (schedule) should be compensated by time off in the same way as compensation for duty time on weekends and holidays.
According to the established practice, employees who cannot be involved in overtime work are not involved in duty.

4.3. Work in excess of the established working hours (taking into account the changes introduced by the Federal Law of 06/03/2006)

Establishing a standard of working time does not, however, rule out cases where work is performed in excess of this standard. IN Art. 97 of the Labor Code of the Russian Federation It was established that work outside the normal working hours can be carried out both at the initiative of the employee (part-time job) and at the initiative of the employer (overtime).
However, in accordance with the amendments made to the Labor Code of the Russian Federation FZ of June 30, 2006 N 90-FZ, the content of Art. 97 of the Labor Code of the Russian Federation. In accordance with the norm, which is included in the specified article, the employer has the right, in the manner established by the Labor Code of the Russian Federation, to involve an employee in work outside the working hours established for this employee in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation. Federation, collective agreement, agreements, local regulations, labor contract:
1) for overtime work (Article 99 of the Labor Code of the Russian Federation);
2) if the employee works on an irregular working day (Article 101 of the Labor Code of the Russian Federation).
Based on the new amendments, the erroneous provisions that part-time work is performed at the initiative of the employee and outside the normal working hours are now excluded. Part-time employment is carried out not at the initiative of the employee, but by agreement of the parties. This is the performance by an employee of other regular paid work on the terms of an employment contract in his spare time from his main job (Article 282). Part-time work is performed within the framework of the working hours established under this employment contract (i.e. normal).

Compatibility is regulated by Art. 98, 282-288 of the Labor Code of the Russian Federation. In accordance with Art. 282 part-time employment - the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job. The conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law.
At the request of the employee, the employer has the right to allow him to work under another employment contract in the same organization in a different profession, specialty or position outside the normal working hours in the order of internal combination. Thus it is in accordance with Part. 1 Article. 98 of the Labor Code of the Russian Federation, internal part-time employment is allowed to perform work that does not coincide with the one for which the main work is performed by this employer. For certain categories of employees, the Labor Code of the Russian Federation establishes exceptions, for example, for teachers who are allowed to work part-time, including in a similar position, specialty (Article 333 of the Labor Code of the Russian Federation). Internal part-time employment is not allowed in cases where a reduced working time is established, with the exception of cases provided for by the Labor Code of the Russian Federation and other federal laws.
An employee has the right to conclude an employment contract with another employer to work on the terms of an external part-time job, unless otherwise provided by the Labor Code of the Russian Federation or other federal laws. For example, according to Art. 276 of the Labor Code of the Russian Federation, the head of the organization has the right to work part-time for another employer only with the permission of the authorized body legal entity, or the owner of the property of the organization, or a person (body) authorized by the owner (Article 276 of the Labor Code of the Russian Federation).
IN Art. 97 it is clarified that the concept of "work outside the established working hours" includes not only overtime work, but also work with an irregular working day (Article 101 of the Labor Code of the Russian Federation).
Work outside normal working hours cannot exceed four hours per day and 16 hours per week for part-time workers; four hours on two consecutive days and 120 hours per year for overtime workers.
The ban on part-time employment is established for:
1) persons under the age of 18;
2) working in heavy work, work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions, as well as in other cases established by federal laws.
Members of the Board of Directors of the Central Bank in accordance with Art. 19 of the Federal Law of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)" СЗ RF 2002 N 28 Art. 2790. They cannot be deputies of the State Duma and members of the Federation Council, deputies of the legislative (representative) bodies of constituent entities of the Russian Federation, deputies of local self-government bodies, civil servants, as well as members of the Government of the Russian Federation.
Members of the Government of the Russian Federation (Article 11 of the Federal Constitutional Law of December 17, 1997 "On the Government of the Russian Federation" СЗ RF 1997 N 51 Article 5712).
Civil servants in accordance with Art. 17 of the Federal Law of July 27, 2004 "On public service Russian Federation" SZ RF 2004. N 31 article 3215.
Prosecutorial workers (Article 4 of the Federal Law as amended on November 17, 1995 "On the Prosecutor's Office of the Russian Federation" - Bulletin of the Russian Federation, 1992, N 8, Article 366.
Judges of courts of all levels: from the Constitutional Court of the Russian Federation to justices of the peace (Article 3 of the Law of the Russian Federation of June 26, 1992 "On the Status of Judges in the Russian Federation", Gazette of the Russian Federation, 1992, N 30, Article 1792.
Remuneration for the labor of persons working part-time is made in proportion to the hours worked, depending on the output or on other conditions determined by the employment contract.
When establishing persons working part-time with time wages, standardized tasks, wages are paid according to end results for the amount of work actually done.
Persons working part-time in areas where district coefficients and allowances to wages, remuneration is made taking into account these coefficients and allowances.
Features of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers) are determined in the manner established by the Government of the Russian Federation.
Thus, the Decree of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" (hereinafter referred to as the Decree of the Ministry of Labor of Russia N 41) establishes the features of part-time work for these categories.
Quite often, doctors have to work part-time.
At the same time, according to paragraph 2 of the Decree of the Ministry of Labor of Russia N 41, not every such job is considered part-time.
So, it is not a combination, in particular:
1) conducting a medical examination with a one-time payment;
2) consulting by highly qualified specialists in the amount of not more than 300 hours per year;
3) work without occupation position in the same institution and in another organization, including duty in excess of the monthly norm of working hours according to the schedule.
Article 284 of the Labor Code of the Russian Federation limits the maximum duration of both external and internal part-time work. So, an employee cannot work part-time for more than 4 hours a day and 16 hours a week. However, for medical and pharmaceutical workers, a different duration of part-time work is established. It is given in sub. "b" clause 1 of the Decree of the Ministry of Labor of Russia N 41.
According to the amendments made to the Labor Code of the Russian Federation, from October 2, 2006, Art. 98 of the Labor Code of the Russian Federation. Consequently, restrictions on internal combination jobs will now be lifted. Despite the fact that Art. 282 of the Labor Code of the Russian Federation, the mention of "other" work is retained, however, the strict requirement that internal combination work be carried out in a different profession, specialty or position is canceled.
According to the Federal Law of June 30, 2006 N 90-FZ, art. 98 is excluded from the Section "Working hours", and the new article 601, which is devoted to general provisions about part-time employment, is placed in the Section "Employment contract".
IN ch. 44 art. 284 the rule on limiting the duration of part-time work has been transferred. Instead of limiting part-time work to 16 hours a week, it was established that the duration of part-time work during the month should not exceed half the monthly norm of working time established for the corresponding category of workers. On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift).
Previously, there was such a thing as "internal combination", and Art. 98 and 99 of the Labor Code of the Russian Federation explained that if you issue labor Relations, that is, additional work by internal part-time work, then you do not have to pay an increased amount. That is, you work more than 40 hours, but you are paid according to the contract, and not in one and a half, but in double the amount, as for overtime work.
Overtime work - work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours for the accounting period.
In case of daily accounting of working time, work in excess of the established length of the working day is considered overtime.
In the aggregate accounting, overtime will be considered work in excess of the established duration of the work shift.
Usually, an order is issued on the production of overtime work, which specifies the reasons why they are necessary, the categories of workers involved in the work. However, if such an order is not issued, but there was an oral order from one of the representatives of the administration, then the work is recognized as overtime.
Overtime work is recognized in practice even when it was carried out not only with the knowledge of the employer, but also with the immediate supervisor of the work (foreman, site manager, etc.). However, in all cases, involvement in overtime work is possible only with the written consent of the employee.
Work is recognized as overtime, regardless of whether it was included in the scope of the employee's duties or not.
It is not overtime work, in which the actual duration of daily work on certain days may not coincide with the duration of the shift according to the schedule.
Overtime work in excess of the established working hours is not recognized when working out the norm of hours with a flexible work schedule, which will be discussed in the section on working hours.
Work in excess of the stipulated length of the working day of workers with irregular working hours, if it is compensated additional leave more than 28 calendar days is not considered overtime.
Overtime work during unpaid leave hours is not considered, as well as work performed in combination (in excess of the established working hours), work performed by the employee in excess of the time provided for by the employment contract, but within the established duration of the working day (shift), part-time workers (Resolution of the Plenum of the Supreme Court dated November 24, 1978 N 10 "On the application by the courts of legislation regulating the remuneration of workers and employees" (as amended and supplemented on November 30, 1990).
Does not apply to overtime and work in the order of combining professions (positions) (Article 151 of the Labor Code of the Russian Federation).
Work on civil law contracts(for example, assignments, paid services, contracts, etc.), carried out in their free time, does not apply to overtime.
attraction to overtime workers is carried out by the employer with the written consent of the employee and does not require the permission of the representative body of employees in the following cases, established by Art. 99 of the Labor Code of the Russian Federation:
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;
2) when performing socially necessary work to eliminate unforeseen circumstances that disrupt 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.
In other cases, in addition to those specified in Art. 99 of the Labor Code of the Russian Federation, involvement in overtime work is allowed in addition to the written consent of the employee, taking into account the opinion of the representative body of employees. That is, the Labor Code of the Russian Federation establishes a double guarantee against the unreasonable involvement of employees in overtime work.
The procedure for taking into account the opinion of the elected trade union body when engaging in overtime work is regulated by Art. 372 of the Labor Code of the Russian Federation.
With regard to a certain category of workers, a direct ban on involvement in overtime work has been established.
It is not allowed to involve pregnant women, workers under the age of 18, and other categories of workers in overtime work in accordance with federal law. The involvement of disabled people, women with children under the age of 3 years, to overtime work is allowed with their written consent and provided that such work is not prohibited to them for medical reasons. At the same time, disabled people, women with children under the age of 3 years must be informed in writing about their right to refuse overtime work. These guarantees are also extended to employees with disabled children under the age of 18; workers caring for sick members of their families in accordance with a medical report (part 2 of article 259 of the Labor Code of the Russian Federation); fathers raising children of the appropriate age without a mother, and guardians (custodians) of minors (Article 264 of the Labor Code of the Russian Federation).
Very often, overtime work is confused with the so-called "irregular working day". The latter is a condition of an employment contract concluded with certain categories of workers (usually managers, specialists) and consisting in the fact that on certain days, if necessary, these workers can be involved in work in excess of the length of the working day (shift)
For each individual employee (and not on average for all persons involved in overtime work, not for the organization as a whole), overtime work cannot last more than 120 hours per year and 4 hours for two consecutive days.
In some cases, separate regulations allow higher limits on overtime work. This applies, for example, to employees of railway transport, the subway, certain categories of drivers, forestry workers, etc. In these cases, the rules of special legal acts apply.

So, for example, in paragraph 5 of the Regulations on the peculiarities of the regime of working hours and rest time of communications workers of September 8, 2003 N 112 (approved by Order of the Ministry of Communications of the Russian Federation of September 8, 2003 N 112) it is indicated that the use of overtime work is allowed in cases under Art. 99 of the Labor Code of the Russian Federation, as well as in the following exceptional cases:

1) in the production of urgent work to eliminate accidents on communication lines and station equipment;
2) in the performance of work on the transportation and delivery of mail and periodicals in cases of delay of the railway, air, sea, river and road transport or untimely submission of periodicals by publishers;
3) when processing increased telephone, telegraph and postal exchanges on the eve of holidays (January 1, 2 and 7, February 23, March 8, May 1, 2 and 9, June 12, November 7 and December 12);
4) when processing orders for periodicals during the subscription campaign;
5) in case of unscheduled delivery of pensions.
Involvement in overtime work in these exceptional cases is allowed with the written consent of the employee and taking into account the opinion of the elected trade union body of the organization.
The Labor Code of the Russian Federation provides for a special procedure for paying overtime.
We note again that before the amendments, overtime was considered to be work in excess of the normal working hours. There are a sufficient number of categories of workers who worked on reduced working hours, and for them the concept of "overtime work" did not exist. These include all medical, pedagogical workers - they did not receive additional payment for overtime work. With the introduction of amendments to the Federal Law dated June 30, 2006 N 90-FZ in the Labor Code of the Russian Federation, overtime work of these categories of workers will be paid.
It must be remembered that the time of part-time work of physicians is also regulated by the Decree of the Government of the Russian Federation of November 12, 2002 N 813 "On the duration of part-time work in health care organizations of medical workers living and working in rural areas and in urban-type settlements." According to this decree, doctors who live and work in rural areas and in urban-type settlements can work part-time 8 hours a day and 39 hours a week.
As with medical workers, for teachers, part-time work should not exceed half the monthly norm of working time, calculated on the basis of the established duration of the working week. And for pedagogical workers (including coaches, teachers, trainers), who have half of the monthly norm of working time for their main work is less than 16 hours per week - 16 hours of work per week.

But in addition to part-time work, the teacher can perform without restrictions:
1) literary work (for example, editing, translation and review of works, scientific and creative work without holding a regular position);
2) pedagogical work with by the hour labor in the amount of not more than 300 hours per year;
3) counseling in institutions in the amount of not more than 300 hours per year;
4) management of graduate and doctoral students, head of the department, management of the faculty (if additional payment is provided for this work);
5) pedagogical work in the same educational institution with additional payment;
6) work without holding a full-time position in the same institution or other organization (for example, managing classrooms, laboratories and departments, managing subject and cycle commissions, managing student practice);
7) work in excess of the established norm of hours of pedagogical work for the wage rate of pedagogical workers;
8) organizing and conducting excursions with hourly or piece-rate payment without holding a regular position.
The list of these types of work is given in clause 2 of the Decree of the Ministry of Labor of Russia N 41. The performance of such work is not considered as part-time work, therefore it is not necessary to conclude an agreement with the teacher. With the consent of the employer, highly qualified teachers can work part-time in institutions for advanced training and retraining of personnel during the main working hours.
Article 152 of the Labor Code of the Russian Federation regulates the issue of remuneration of workers involved in the established manner for overtime work. Applying the rules of Art. 152 of the Labor Code of the Russian Federation, it should be noted that at present:

1) the differences in remuneration of employees involved in overtime work have been eliminated, depending on whether the employee works on the basis of a time-based wage system or works by piece;
2) specific dimensions wages for overtime work can be determined in a collective agreement or in an employment contract.
In all cases, for the first 2 hours of overtime work, the employee's work is now paid at least one and a half times, and for the next hours - at least twice the amount. In other words, the rigidly set centralized upper limits of additional pay for overtime work have been abolished. You can not pay less than the limits established in Art. 152 of the Labor Code of the Russian Federation, but you can pay more.
According to the amendments made to the Labor Code of the Russian Federation FZ of June 30, 2006 N 90-FZ, from Art. 152 of the Labor Code of the Russian Federation is now excluded part 2, which regulated the procedure for remuneration of part-time workers.
In addition, now it is allowed not only to provide time off for overtime work, but also to add days off to annual leave, release the employee from work on other days for the number of hours for which the employee was involved in overtime work.

* Working hours of women and persons with family responsibilities
* Work on a rotational basis
* Flexible schedule work
* Time relax
* Work on weekends and holidays
* Time sheet
* Day off or absenteeism? Design subtleties

Working hours

Work time- this is the time during which the employee, in accordance with the internal labor regulations (hereinafter referred to as the PWTR) and the terms of the employment contract, must perform labor duties (Article 91 of the Labor Code of the Russian Federation).
They are not working time, but due to their functional purpose are equated to it the following periods:
breaks for feeding a child (part 4 of article 258, article 264 of the Labor Code of the Russian Federation),
downtime (Article 157 of the Labor Code of the Russian Federation),
a break for eating at the place of work (part 3 of article 108 of the Labor Code of the Russian Federation),
a special break during the working day for heating and rest (part 2 of article 109 of the Labor Code of the Russian Federation),
the period of a business trip, between shift rest while on duty, etc.
Legal regulation of working time is the establishment in regulatory legal acts of the duration of normal working time, the definition of types of working time, as well as its modes and accounting.
Labor legislation establishes a maximum measure of labor (maximum working hours) equal to 40 hours, which neither employers, including by agreement with employees, nor the employees themselves have the right to exceed. The exception is cases expressly specified in the law (for example, overtime work).
In addition to laws (federal and constituent entities of the Russian Federation), norms on working time may also be contained in other acts that are not related to labor law. Such acts include decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, local governments, as well as local regulations that are valid only within the organization (enterprise) and regulate relations between the employee and the employer, including the distribution and accounting of working time.
Thus, examples of regulatory legal acts that establish periods of working time and other periods related to the working time of certain categories of employees are:
Regulations on the peculiarities of the regime of working hours and rest time, working conditions for certain categories of railway workers directly related to the movement of trains (approved by Order of the Ministry of Railways of Russia dated 05.03.2004 N 7);
Regulations on recording the working time of citizens admitted to professional emergency rescue services, professional emergency rescue units for the positions of rescuers (approved by Decree of the Ministry of Labor of Russia dated 08.06.1998 N 23);
Regulations on the peculiarities of the regime of working hours and rest time for car drivers (approved by Order of the Ministry of Transport of Russia dated August 20, 2004 N 15).
It is necessary to distinguish concepts of "working time" And "working hours". Working time is the duration of work time (for example, 40 hours, 36 hours, etc.), and the working time regime is the distribution of the norm of working hours established for employees in a specific calendar period.
Legal regulation of working time carried out taking into account the ratified conventions and recommendations international organization labor:
ILO Convention No. 47 (1935) on the Reduction of Working Hours to 40 Hours a Week,
ILO Recommendation No. 116 (1962) on the reduction of hours of work,
ILO Convention No. 171 (1990) "On night work" and others.
“Everyone has the right to rest. A person working under an employment contract is guaranteed the working hours, weekends and holidays, paid annual leave” (Part 5, Article 37 of the Constitution of the Russian Federation).
In accordance with Part 1 of Art. 91 of the Labor Code of the Russian Federation in the Internal Labor Regulations, it is necessary to reflect the duration of the time during which the employee must perform labor duties, as well as other periods equated to working time. For example, in accordance with Part 2 of Art. 109 of the Labor Code of the Russian Federation, the employer is obliged to provide special breaks that are included in working hours, therefore, in the PWTR it is necessary to determine the duration of the work time itself, as well as the number of such breaks. The duration of the reduced daily work (shift) of employees not directly specified in the law, and other periods of working time should also be established by the local regulatory act of the employer.
The employer is obliged to keep records of the time actually worked by each employee.
Depending on duration working time is divided into the following types :
♦ normal working hours (Part 2 of Article 91 of the Labor Code of the Russian Federation);
♦ reduced hours of work (Article 92 of the Labor Code of the Russian Federation);
♦ part-time work (Article 93 of the Labor Code of the Russian Federation)
Normal working hours according to labor law is 40 hours per week and is the norm of working hours for all employees in the Russian Federation, regardless on the organizational and legal form of the organization, working hours, type of employment contract and other conditions (for example, on whether the work is permanent, temporary or seasonal).
To calculate the norm of working time, it is necessary to be guided by the Procedure for calculating the norm of working time for certain calendar periods of time (month, quarter, year), depending on the established length of working time per week (approved by Order of the Ministry of Health and Social Development of Russia dated August 13, 2009 N588H).
For the convenience of calculating the duration of the working time of employees, the planned duration of this time is indicated in the annually published production calendars. However, the number of hours indicated in production calendars is recommended to be recalculated, as they contain counting errors.
- this is a reduced working time compared to normal, which is a legal guarantee for certain categories of workers, depending on the nature of the work they perform. It should be remembered that, in accordance with Art. 6 of the Labor Code of the Russian Federation, it is the federal government bodies that establish in the regulations the features of the legal regulation of the labor of certain categories of workers, including reduced working hours.
Reduction of working hours may be associated with work in harmful and (or) dangerous working conditions, other features of labor activity or the age of employees.
Should distinguish reduced working hours And part-time work.
Due to the fact that and with reduced and part-time working hours, there is a decrease in the normal working hours, it is necessary to understand the main differences:
1) reduced working hours are characterized by the following (Article 92 of the Labor Code of the Russian Federation):
- payment is established in the amount provided for normal working hours, with the exception of employees under the age of 18 (Article 271 of the Labor Code of the Russian Federation);
- working hours are established by federal laws;
- this duration applies to certain categories of employees;
2) part-time work is characterized by the following (parts 1, 2 of article 93 of the Labor Code of the Russian Federation):
- is established by agreement of the parties to the employment contract (employee and employer);
- the initiative to establish part-time work may belong to any party (part 1 of article 93, part 5 of article 74 of the Labor Code of the Russian Federation);
- this species working hours can be set regardless of the category of workers;
- wages are paid in proportion to hours worked.
Reduced hours of work is established (Article 92 of the Labor Code of the Russian Federation):
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 jobs with harmful and (or) dangerous working conditions - 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. (Decree of the Government of the Russian Federation of November 20, 2008 N 870 "On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions")
the working hours of students of educational institutions under the age of 18 working during the academic year in their free time cannot exceed half of these norms (no more than 12 and 17.5 hours, depending on age).

The federal law may establish reduced working hours for other categories of workers (for example, pedagogical, medical and other workers).
According to Art. 350 of the Labor Code of the Russian Federation healthcare workers depending on from position and (or) specialty reduced working hours no more than 39 hours per week. But for certain categories of medical workers, the specific duration of working hours is determined by the Government of the Russian Federation, for example:
♦ medical and other workers involved in the provision of psychiatric care - no more than 36 hours a week (Article 22 of the Law of the Russian Federation of 02.07. 14.02.2003 N 101 "On the working hours of medical workers depending on their position and (or) specialty");
♦ employees of enterprises, institutions and organizations of the state healthcare system that diagnose and treat AIDS patients and HIV-infected people, as well as persons whose work is related to materials containing human immunodeficiency virus - no more than 36 hours a week (paragraph 1 of Art. 22 of the Federal Law of March 30, 1995 N 38-FZ "On the Prevention of the Spread in the Russian Federation of a Disease Caused by the Human Immunodeficiency Virus (HIV Infection)", Decree of the Government of the Russian Federation of April 3, 1996 N 391 "On the Procedure for Providing Benefits to Employees at Risk of Infection human immunodeficiency virus in the performance of their official duties");
♦ teaching staff of educational institutions - no more than 36 hours per week (Article 333 of the Labor Code of the Russian Federation), (clause 5 of Article 55 of the Law of the Russian Federation of 10.07.1992 N 3266-1 "On Education");
♦ women working in rural areas - no more than 36 hours a week (clause 1.3 of the Decree of the Supreme Council of the RSFSR dated 01.11.1990 N 298 / 3-1 "On urgent measures to improve the situation of women, the family, the protection of motherhood and childhood in the countryside" );
♦ women working in the regions of the Far North and areas equivalent to them - no more than 36 hours a week, unless a shorter working week is provided for them by federal laws (Article 320 of the Labor Code of the Russian Federation).
Taking into account the peculiarities of the organization of production, the employer, by a local regulatory act, can establish categories of workers that are not specified in federal legislation, but for whom reduced working hours are also introduced.
In all these cases, reduced working hours are considered to be the full norm, therefore, they do not entail a reduction in the remuneration of workers, with the exception of minors..
Statutory maximum working time limits are binding on the employer and cannot increase local acts, neither by collective agreements, nor by agreement between the employee and the employer, with the exception of cases expressly provided for by law (for example, exceptional cases of overtime work of articles 98 and 99 of the Labor Code of the Russian Federation).
By agreement between employee and employer both at the time of hiring and afterwards can be installed incomplete day or part-time work week paid in proportion to hours worked.
The law does not limit the categories of employees who, by agreement with the employer, may be assigned part-time work, but obliges the employer to establish part-time work a pregnant woman at her request, one of the parents who has a child under 14 years old, and some other categories of workers. Part-time work does not entail any restrictions on labor rights for the employee (Article 93 of the Labor Code of the Russian Federation).
Behind part-time work the employee receives a proportionately lower wage.