The concepts and types of working time are quite different from each other and affect many factors in the implementation of professional activities. For this reason, every employer or employee of a company must correctly understand and understand these features.
It is difficult to briefly characterize the concept and types of working time, so let us dwell in more detail on the characteristics of these terms.
Main classification
The concepts and types of working time are divided into three main groups:
- normal
- incomplete;
- abbreviated.
Normal and shortened regimes are determined in accordance with the current Labor Code, as well as a number of other laws, while incomplete is established by preliminary agreement.
According to the law, the employer must establish an incomplete work schedule if he received a corresponding request from a pregnant woman. This also applies to the receipt of the request of one of the parents who has a child under the age of 14 years (in case of a child with a disability, the age is extended to 18 years). Among other things, this paragraph also applies to citizens who care for sick family members.
It is worth noting some of the features that apply to work in night time, but here you need to correctly understand that night is not a separate type of working time, but will be considered a full-fledged part of the employee shift.
Normal duration
The concepts and types of working hours of normal duration are the fulfillment of one's official duties by a person during a period the duration of which is established in accordance with a standard labor contract. Any work that is performed in excess of this norm will already constitute overtime work (if it is carried out on the initiative of the employer) or performed on the basis of an irregular schedule.
It is worth noting the fact that part-time work has nothing to do with what the concepts and types of working hours of normal duration are. It is assumed that the employee signs an employment contract for the fulfillment of other duties in his spare time from his main job with this or any other employer.
What it is?
The concepts and types of working hours under labor law stipulate that the normal length of the working period should be established both for regular employees and for people who perform their duties on a temporary basis (for example, for employees who will perform duties for a certain season those people who are temporarily absent).
In the understanding of many unscrupulous employers the concept of working time does not always coincide with the period that was actually spent on labor. It is for this reason that it is important to calculate the actual hours worked, or to discuss all these points with the employer in advance, so that in the end it doesn’t happen exactly that in the case of processing you will be praised, and in the absence of it, you will be penalized.
Underwater rocks
Quite often, employers prefer to pre-calculate production rate so that it could not be completed without the slightest processing.Moreover, such superiors in the overwhelming majority of cases try to shift the blame for non-compliance with the standard to employees, they say they do not have time, and therefore must remain at work for as long as it is necessary to carry out a plan. Unfortunately, many people who do not know what the concepts and types of working time are under labor law, end up falling into such psychological traps, as a result of which they do not immediately leave, but after several months of active work. At the same time, tired and exhausted, they will not receive vacation pay, and will not get the opportunity to spend a good rest before looking for a new job.
This is actually not surprising, because if the employer does not have the ability or desire to legally organize the work of people so as not to force them to process, in the overwhelming majority of cases they simply do not have the necessary managerial skills for successful business development. Moreover, it happens that they are simply not happy with the profit that they would have been able to get without breaking the law and would like to earn as much as possible.
It is for this reason that it is best to discuss all these issues in advance, and figure out what in your particular case will be the concept of “types and working hours”. Ask the future manager how often their employees have a need for overtime work, because it is better to find out all this from the beginning than unexpectedly, if there are any discrepancies. At the same time, you need to maintain a calm and businesslike tone, because your task will not be to convict your potential employer of any violations, but to decide whether you are really happy with your future job.
Reduced working hours
The concept of “types and mode of working time” also includes another aspect - a shortened day. In this case, the statutory duration is considered, which is slightly less than the standard, but at the same time must be paid in full. The only exception to this rule are citizens under the age of 18 for the reason that for them the rate of production is already determined in accordance with the reduced duration.
Who is it for?
This mode is set differently, depending on the category of employees under consideration.
- For persons under 16 years of age, work is allowed no more than 24 hours a week.
- For persons aged 16 to 18 years, a regime is provided in the form of a maximum of 35 hours of working time per week. Moreover, if a teenager is engaged in labor activity in his free time, then the total length of his working time should not be more than half the norm, regardless of which educational institution he is studying in.
- Disabled people of groups I and II cannot work more than 35 hours a week.
- If workers' working conditions according to the results of a specialized assessment are harmful to 3 or 4 degrees, then in this case for them the total duration of work per week cannot be more than 36 hours (the same applies to hazardous conditions).
- If an employee interacts with various chemical weapons, then depending on the nature of the work carried out, the weekly working time for him can be 24 or 36 hours.
- For teachers of any educational institution, the concept and types of working hours under the labor law of Russia provide for a shorter duration for no more than 36 hours a week.
- For medical staff, it is possible to fulfill their duties no more than 39 hours a week.
- For women whose work is carried out in areas of the Far North or in some equivalent areas, in accordance with the labor or collective agreement, a 36-hour work week can be set (if an even shorter duration is not foreseen for any Federal Law).
Moreover, certain categories of employees have slightly different concepts and types of working time in labor law. In this case, the duration of work should be determined in accordance with the established list of workshops, industries, positions and professions with harmful working conditions, work in which implies the right to receive additional leaves or shortened working days.
Important information
If, after carrying out a specialized procedure for assessing working conditions, it is determined that an employee performs his duties in harmful conditions and this is confirmed by the results of an assessment of the state of the workplace, but his position is not in the above list, then in this situation the concept of “types and norms of working hours ”provides for the extension to it of any compensation specified in Decree of the Government of the Russian Federation No. 870 of 11/20/08. At the same time, if the position of the employee is on the list, but the employer provided them with completely safe conditions, which was confirmed by the results of a specialized assessment, then in this case they should not be compensated.
In accordance with what the concept and types of working time / rest time are, it can be said briefly that compliance with the reduced working day is strictly obligatory for the employer. In other words, if a person, for example, hires a minor person for his work, then he simply will not have the right to set a working week for him, the duration of which will be 40 hours, even if all sorts of requests are received from the potential employee.
If a disabled person, in accordance with the established individual rehabilitation system, is provided with a duration of less than 35 hours a week, then in this case, a full payment should be kept for him. If it is time-based, then the hourly tariff rate, other things being equal, should be greater than that set for healthy people, which also include the concept and duration of working time (its types).
Also, do not confuse reduced working hours with:
- incomplete;
- reduction on the eve of holidays or weekends;
- reduction in connection with the performance of work at night;
- the length of working time in case of part-time employment.
The concept and types of working time (including rest time) briefly indicate that the main difference between the reduced regime and the incomplete regime is that in the first case, labor must be paid in accordance with the full rate or tariff, while the incomplete day is paid in accordance with the time worked or the volume of production.
Example
The woman worked for a long time in a sewing association as a storekeeper of finished products and, in accordance with an employment contract, had a working day for 8 hours. After 3 years, the woman asks the employer to reduce the working day to 4 hours due to the fact that she needs to care for a seriously ill mother living with her in the same apartment.
The employer refuses the request, explaining that the minimum presence of the employee in her place should last 7 hours, after which she offers to issue her dismissal at her own request. In this case, the actions of the administration of the enterprise directly violate the requirements of applicable law.
Part time
The concept of "norms and types of working time" provides for the establishment of an incomplete regime of labor activity. It can be installed:
- by prior agreement of the employer with the employee in the process of hiring him (an appropriate condition must be present in the labor contract) or in the future, when the employee has been working in his post for some time;
- at the request of an employee who is interested in this, if we are talking about a woman during pregnancy, the parent of a child under 14 years old, as well as a person who is forced to look after a family member during illness, in accordance with the medical report provided.
Features
Among other things, the employer can establish such a regime for those employees with respect to whom the working conditions have changed. And it also provides for the concept and types of working time. The Labor Code of the Russian Federation also indicates that if it was decided to establish an incomplete time at your company for any industrial and organizational reasons, then in this case you need to know the following.
- Such changes must be made out by a specialized local act, and not just constitute an oral order from the administration or the employer.
- This mode is set for a maximum of 6 months.
- The employer must obligatorily notify his employees no later than 2 months before the said changes take effect.
- The employer must take into account the opinion of the primary trade union organization.
- Employees may not agree to transition to part-time work or completely terminate the employment contract.
Part-time work cannot limit the total length of your paid annual leave in any way, nor does it affect your work experience or any other labor rights.
The main types of such work
The concept and types of working time and rest time (i.e. vacation), which are paid by the employer, provides for several types of part-time work:
- an incomplete day in which the overall duration of work is reduced, that is, the employee begins to fulfill his duties within a shorter period of time than is standardly set for other company employees
- an incomplete week in which only the total number of work hours that this employee must perform during this period of time is reduced, but a normal working day is provided for (in other words, the total number of work days is reduced, but not their duration);
- simultaneous combination of these modes.
The concept and types of working / resting time provide the opportunity to determine the timing of such a regime by prior arrangement of the employee with his employer. You can also enter this mode without specifying a specific period.
If you work part-time, but at the same time you have begun to be attracted to work in addition to this, then this indicates that you are doing overtime work, which should already be paid at slightly different rates. If you go to work at all on the day that is initially non-working for you, then in this case, such work will already have to be paid in accordance with the rates for paying for the work done on a non-working day.
Thus, all these and many other features should be studied in advance, both for those people who are just going to get a job, and for those who are already working in any enterprise. This information will help you avoid all kinds of conflicts with management, as well as ensure yourself the most optimal working conditions in a particular company, regardless of where you see yourself.Indeed, the correct drawing up of an agreement with the employer and understanding of one’s rights is an invariable guarantee of normal cooperation and unhindered performance of one’s duties.
Among other things, do not forget that you should ensure decent working conditions from the moment of signing the contract, since then it will be quite difficult to prove your own rights and deal with various issues if your contract contains a signature and all are clearly stated highlights. Thus, the concept and types of working time, rest time, wages are the main aspects of the implementation of professional activities.
