All people are well aware that work should alternate with rest. Everything related to this topic is provided by law and is prescribed in the relevant document. And I would just like to turn to him.
Labor Code of the Russian Federation
All information about the duration of the weekly continuous rest is prescribed in three small articles of the Labor Code of our country. 110th, 111th and 113th, to be more precise. However, since each parameter of time, rest is inextricably linked with the number of hours spent by a person on work, this topic must be considered, delving into all the subtleties. And it’s worth starting with basic concepts.
So, working hours. This is the period during which a person engages in the performance of his labor duties, in accordance with the schedule and conditions prescribed in his contract. To how many hours it lasts is also defined by this document. It is important to note that the types of working hours are different. There is a “normal”, abbreviated and incomplete. Modes, by the way, are also customary to separate. There is an irregular working day, shift, flexible, and also summed up.
And the time allocated for rest is also divided into types. There are breaks arranged during the day, holidays, holidays and weekends. And daily rest, of course, has a place to be.
Key Points
Before talking about the duration of a weekly continuous rest, it is worth noting that this concept refers to weekends. When do they start? As soon as a person’s working day ends. Suppose he works 4 days a week from 10:00 to 16:00 (starting on Tuesday). It turns out that his weekly rest begins on Friday at 16:00. A ends on the day of the first working day. More precisely, at the moment when a person enters the place - on Tuesday, at 10:00.
What does the 110th article of the Labor Code of the Russian Federation say? That the duration of the weekly continuous rest should be at least 42 hours. The maximum, of course, is not set. And this parameter, by the way, must be respected both during five- and six-day days. Therefore, the sixth working day is usually shortened.
If not officially arranged
To what number of hours, in this case, must the minimum duration of a weekly uninterrupted rest correspond? Also 42 hours. The only problem is that no one can guarantee this person. Because he did not sign a labor contract, which means that officially (on paper) is considered unemployed. And the head, theoretically, can call him at any time in place, delay overtime, demand work on weekends or holidays.
Of course, this is not done in bona fide institutions. The duration of a weekly continuous rest should be at least 42 hours - and each leader knows this situation. Ho here at construction sites, for example, all of the above is practiced. Therefore, official work is a kind of legal insurance against such cases.
A special case
When discussing the duration of a weekly continuous rest, one cannot fail to note with attention such a concept as a summarized record of working time. This is the name of the calculation method used in organizations in which there is no objective opportunity to organize the work process so that the norms (daily and weekly) are respected. This applies to those institutions that operate continuously - there people work in shifts (doctors and nurses, for example).And so that the rights are respected, the total accounting of working time is applied.
Suppose, for objective reasons, a certain employee cannot be allocated the prescribed hours for his legal rest this week. Unpleasantly, but the balance of justice will be restored. Usually these hours add up to those days off, which will take people next week. Or at the end of the month. Did the employee last seven days instead of five last week? So, the next will not rest for two days, but four.
Profession specifics
There are special separate regulatory acts that regulate the duration of a weekly continuous rest. The Labor Code of the Russian Federation also includes them.
A they relate to such specific categories of workers as drivers, employees of the sea, air, rail transport, communications, Roshydromet, miners of stones, precious metals, etc. They have a special schedule in every sense of the word.
You can take drivers as an example. They are allowed to drive vehicles for a maximum of 9-10 hours per day. B week - 56. 3a fourteen consecutive days - 90. And the rest regimen is appropriate. Every 4.5 hours - a break of 45 minutes (it can be divided into 2 parts). What is the duration of the weekly continuous rest in this case? 45 consecutive hours is a minimum. In rare cases, it is reduced to 36. But then, at the end of the working period (if it is inter-regional transport, it can last several days), all hours are compensated.
Railway Transport
What is the duration of the weekly continuous rest for workers whose activities are related to the movement of railway transport? An interesting topic, since some trains follow several days (for example, from Moscow to Vladivostok - more than 6 days).
So, round-the-clock work without breaks is compensated either by days off or by an additional payment (this is stated in Article 95 of the Labor Code of the Russian Federation). He is allowed to work over two shifts in a row at night, but the exception is people working in locomotive crews. If the time of their “business trip” exceeds 3 days, then this period is calculated in rounds. That is, it takes into account when a person came to work to be sent on a trip, his return, and the subsequent appearance for a new trip - after a vacation in the city of permanent work. This period is fully considered working.
Given the specifics, locomotive crews are given the opportunity to rest on the road every 12 hours. Engineers should change more often - after 7 hours. Later on, upon the return of the train, those that were, due to circumstances, worked out by a member of the brigade, are added to the laid off days. The previously mentioned summation principle applies here. Ho nevertheless, the answer to the question: “What is the minimum duration of a weekly continuous rest of railway workers?” Is the same as for all the others - at least 42 hours. Only because of the specifics of the profession are they distributed differently.
Weekend work
And it happens to be attracted to him. Of course, no one can force, of course, but this is practiced on a voluntary basis. However, in exceptional situations it is impossible to do otherwise. However, in accordance with the Labor Code of the Russian Federation, the employee must issue a written consent to work on the day off.
There is also a nice nuance. In accordance with Article 153 of the TK RF, work on a day off is paid at least twice.
Without the consent of a person they can only cause to prevent (or eliminate) the consequences of an accident, accident, natural disaster or catastrophe. And yet, if you need to work for the reasons for the introduction of martial law or emergency. The same applies to work during the holidays.
Common weekend
So, what is the duration of the weekly continuous rest is set - it is clear. Now you can turn to the 111th article of the Labor Code of the Russian Federation.
It says that the total day off of all workers is Sunday. The second is established in accordance with a collective agreement or internal rules. If the information on the second day off is not noted in the local regulatory acts, then it is determined orally, by mutual agreement of the manager and workers. The only thing that the general rule says is that non-working two days must stand behind each other. Accordingly, the second day off is usually either Saturday or Monday.
By the way, at the beginning it was said that there is a 6-day work week. It is, only its introduction is always determined by production reasons. And this moment needs to be clarified, getting a job.
Breaks
Much has been said about the duration of the weekly continuous rest. We can not ignore the topic of breaks.
It’s impossible to work for several hours without a break - we are not robots. This nuance is taken into account by law and is prescribed in the 108th article of the Labor Code of the Russian Federation.
It says that during the working day each employee of an institution should be given a break necessary for food and rest. Its minimum duration is 30 minutes. The maximum is 2 hours. Ho a break during working hours does not turn on. That is why its duration is negotiated by employees and the employer (since no one wants to stay at work for an extra 2 hours if he can dine in 20 minutes).
If there are no conditions for rest
In addition to the above, article 108 says: in those enterprises where workers cannot be given a break under production conditions, people are allowed to rest and eat during working hours. And for this, the employer must provide such an opportunity - to allocate a room, equip it with food storage equipment, a kitchenette. Or organize a cafeteria. However, these are the details.
Non-working days
As already mentioned, all the provisions relating to recreation are prescribed in three articles of the Labor Code of the Russian Federation. It has not yet been said about the 112th. And it just lists the days that are not working. And since everything was said about the duration of the weekly continuous rest, you can talk about holidays.
In the event that the holiday fell on that day, which is already non-working, the day off is postponed to the day following the working day. For example, March 8th in 2020 is Sunday. Nobody canceled the holiday weekend - it will simply be postponed to Monday.
It is also important to note that for celebrations during which people rest, they continue to be paid a salary, + additional remuneration (as a rule).
Here, however, is all the information you need to know about the mode of work and the duration of the weekly continuous rest. It amounts to 42 hours at least, but it is better to find a job that will give you the opportunity to enjoy the weekend longer.
