Today we have to figure out what working time is. This concept is of interest to many employees and employers. Every citizen should know about him. After all, this component is fundamental to any labor activity. Without it, it is impossible to carry out work. Features and definition of this period are regulated by the Labor Code of Russia. What does it include? How long does it take? What exactly is it? All this will be discussed later. Remembering the features is not as difficult as it seems. But they will certainly come in handy for any job placement. After all, a potential employer who violates statutory norms and rules cannot be fully considered bona fide. So, you should not conclude an agreement with him.
Some terminology
What is working time? Russian law provides for a clear definition of this term. It characterizes the time at which the performance of duties by employees of the company. This also includes other time periods provided for by the laws and regulations of the country, as well as the labor or collective agreement, during which the employee does not perform work. For example: lunch breaks or direct preparation for work, excommunication of employees for feeding small children, rest and heating during the performance of official duties, downtime and so on.
In other words, if you are thinking about what working time is, simply understand by this concept the time of your work. As some employees say: "How much is supposed to sit in the workplace." This period has its own legal norms. In no case should they be violated. Otherwise, the employer will have certain problems. Only in certain circumstances and after the observance of the conditions can the established norm of work be exceeded.
Mandatory accounting
But this is not all the important points that our current working period implies. The thing is that the law establishes that employers are required to keep track of hours worked for each employee. And without fail. The absence of an appropriate document is a direct violation of Russian law.
Accounting for working time is done only in writing, now you can keep it in electronic format. But to fix how much and when each employee worked, you must. After all, the wage level of individual personnel will depend on this.
Accounting for working time is usually carried out in the accounting department of the organization and reflects the time worked by each person for a particular reporting period. It can be a month, a quarter, a half year, and so on. But he is not able to exceed one year. For reporting and accounting, as a rule, a special time sheet is drawn up. It should spell out the norms laid down by the employment contract, as well as all days off, days off, passes. Of course, the time spent on the performance of official duties is also recorded in this document. This is something like a system of "turnout-no-show." Helps to calculate earnings in direct proportion to the work performed.
Summation
In some cases, it is not possible to continuously fulfill job obligations at work. It is necessary to break labor time into parts. But at the same time, generally accepted norms and rules must be observed in our current issue.That is, it has already been said - the law sets limits on labor time. Even if shifts break you up, then the norms should not be exceeded.
It turns out that you have to keep a balance of working time. A time sheet will help maintain established standards. As a rule, the breakdown of work shifts is carried out either by personal agreement with the employer, or these features are prescribed directly in the employment contract. In practice, this kind of summation is not too common. Usually, employers simply offer a variety of forms of work time, such that they do not have to break shifts into several segments. Of course, the rules established by law must be respected.
Weekly limits
So it became clear what is working time. This is the period during which you carry out your labor activity, laid down by agreement with the employer. The Labor Code of the Russian Federation prescribes certain conditions and restrictions in this regard. They help maintain a balance of working time and do not allow to violate the laws of Russia.
How much should be worked out per week? As much as the employer tells you. But taking into account the fact that during the week it is impossible to carry out official duties for more than 40 hours. It is this norm that is established for the majority of able-bodied citizens. But there are some exceptions and features that also have to be taken into account. Typically, certain categories of citizens have reduced working hours. There are not so many of them; remembering the established norms will also not be a problem. Just for starters, it’s worth understanding what forms of the work period are taking place. So what are the working time conditions? What to pay attention to?
Forms of labor
A huge role in employment should play your work schedule. It is he who usually determines how much and how often you will have to stay at work for the performance of established duties. In Russia, the forms of working time can be different. But far from always and not in all cases they are applied.
The first option is shift work. It is established when the production process or the functioning of the company exceeds the statutory limits on the duration of work. Or simply in order to ensure the quality functioning of the organization. One of the most common solutions for employers.
Further, a so-called flexible schedule is possible. It is interesting in that the beginning and end of working time, as well as its long duration, will be established by personal agreement between subordinates and employers. All weekends and breaks are also discussed in advance. The main problem for employers is that they have to keep a balance of working hours. With flexible schedules, this is not always easy to do.
Another form of labor is irregular working hours. It is characterized by episodic calling of personnel to perform official duties at the request of employers outside the established norms. Please note that it is not always possible to use a similar labor scheme. Positions providing for irregular working hours are prescribed in the employment contract or regulatory documents of the organization.
Shortened working hours are another option that may be offered by the employer. As a rule, it is characterized by the establishment of a part-time week, or more precisely, a shortened one. In practice, it is assigned only to certain categories of citizens. The vast majority of the working-age population does not have the ability to appoint a shortened working week.
Short weeks
Organization of working time is not as simple a question as it seems. Employers have to constantly study the standards established by law in this matter. How much should employees do? It has already been said that 40 hours worked per week are considered the norm.You can’t work harder under the law. Yes, some short-term exceptions are possible, but they are not so common. And their limit is extremely small for the established period.
Shortened working hours are usually set for specific categories of people. For example, when it comes to minor subordinates, some other rules for the distribution of the labor period will be established for them. Children under 16 years old have the right to develop only 24 hours per week, and from 16 to 18 - 36 hours maximum.
But the features do not end there. Sometimes companies work with people with disabilities. With 1 and 2 degrees of disability work week reduced to 35 hours. In some cases, it is able to decrease even more - solely for medical reasons. The employer must take this nuance into account.
The working hours of workers in hazardous / hazardous work also have their own characteristics. In particular, as a rule, they cannot work for more than 36 hours in a week. Their regular workweek is shrinking. In no case should you exceed the specified limits. Otherwise, the employer will break the line of the law!
Incomplete work
The working hours of working citizens may not be represented in full. Some employees are fully entitled to request a part-time job from their employer in writing. And he, in turn, should not refuse. In any case, when it comes to special shots.
Who is it customary to attribute to them? Pregnant women, as well as citizens who care for a sick and needy relative (only on condition that there is no one else to do this), or those who have minor children under 14 years of age. When it comes to disabled babies, the term is extended by another 4 years. The rest have no such benefits. Employees may ask for part-time work unreasonably, but hope for success is not worth it in this case.
Please note: payroll will only be calculated taking into account the time worked (or the amount of work performed). But part-time work should not affect the social package. You have every right to paid leave, lunch, and sick leave. No one is able to rob you of these opportunities under any circumstances!
Juvenile labor
So which are established by law working hours? Employees of different categories are usually provided with various restrictions in this sense. For example, the question of the labor of minors is extremely serious. It has already been said that they are required by law to have a shortened working week. This means that you will have to work less a day, too, than everyone else.
Until the employee is under 16, you cannot set the shift duration for him more than 5 hours. After and until adulthood, the maximum performance of official duties is allowed 7 hours.
But the features do not end there. The established rules apply only to non-training personnel. But if an employee is studying (that is, combines work with study), then he should work no more than 3.5 hours a day. Exceeding the established standards is regarded as a direct violation of the labor legislation of Russia.
Danger, danger
Please note - for persons employed in hazardous work (including hazardous work), special rules will also apply for the distribution of working time per week. After all, they have a reduced form of labor. This means that the shift duration is also reduced. Not as much as minors, but still!
Much depends on the established work week. Possible labor at 36 hours and 30 per week. Such options are most often found in practice. In this situation, the shift should not exceed 8 and 6 hours, respectively. Violation of working hours is unacceptable. Employees sometimes break this framework, but only with certain conditions! About them a little later.Employers, as a rule, violate the conditions for exceeding limits.
Norms of the majority
What is working time? We have already dealt with this concept. Moreover, it became clear how much the employer has the right to load employees of certain categories with work both weekly and daily. Only the vast majority of personnel work without benefits in respect of the labor period.
How much is the daily work rate now? 8 ocloc'k. With a similar schedule for the week, you will have to perform your duties exactly 5 days. And have only 2 days off. Quite a common practice, but it is not always respected.
Often, employers work load their subordinates for 10-12 hours. A bona fide boss has the right to this, but then the number of days on which the staff performs its duties is reduced. In fact, such a phenomenon is rare. Remember, if you work for 10-12 hours, and a week you have one or another excess of the prescribed 40 hours, you can contact your employer with a complaint. Or request additional pay. Although, in practice, personnel simply change jobs.
Day and night
Sometimes you have to visit the workplace even at night. In this case, working hours have certain features under the law, as in most previous cases. We found out the shift duration - it is 8 hours. And in night time usually this period is reduced, albeit slightly. To work in a similar period of time is supposed to be 60 minutes less - 7 hours. By the way, a night shift is considered an exit for the performance of official duties in the period from 22:00 to 6:00.
Not everyone is allowed such work. Under no pretext are disabled people and pregnant women allowed in this form of work. Even by written statement. It is simply illegal. You can’t work at night even for underage citizens, regardless of training.
Features not covered night shifts on those personnel hired specifically for this work. That is, that will not work during the day. They have all the features of the working period prescribed in the contract with the employer. Typically, such workers have shifts of 8 hours.
On weekends and holidays
The last point that only has working time - the employee can be left to work on official, generally accepted holidays. Typically, this practice occurs in enterprises that must constantly operate. Only the employer, when deciding on such an act, is obliged to somehow reward subordinates. Several scenarios are possible.
Is the official holiday / day off your working time? Vacation time can be increased at this expense. And not only that. As an alternative solution, there is a transfer of the day off to another period. It is negotiated either in advance with the employer, or simply provided at the request of the employee. Salaries are paid at the usual rate.
But a more interesting trick is possible. Namely - the monetary reward of employees. In this case, the salary for worked official weekends rises at least 2 times (it is advisable to prescribe features in the contract). In this case, the output is not transferred. It is generally no longer taken into account.
More than normal
It has already been said that under certain conditions, the employer may urge the employee to exceed the established working norm in hours. Such work will be called overtime. There are some special rules for him. First of all, written consent of the frame is required. Further, it is taken into account that in a row you cannot work overtime for more than 8 hours. In the year there are restrictions for such work. Legislation established a norm of 120 hours. That is how much maximum per year can be overtime. It is paid in double amount, unless otherwise provided in the contract.
But there is a so-called side job.This is the implementation of duties after working out the shift. Voluntary excess of statutory weekly limits. Also drawn up in writing. Part time at a time can not be more than 4 additional hours of labor.