Today we will be interested in the working day: duration, its concept, possible forms encountered in Russia. Everything about this important factor in employment is presented to our attention. Indeed, often not all employees know the rules that the employer must comply with. And regarding the working day, there may also be no clarity. As practice shows, it is this component that most often does not correspond to existing standards to one degree or another. Moreover, working day and its duration may push job seekers out of jobs. Or to push already working citizens to dismissal. So keep that in mind. The Labor Code of the Russian Federation contains all the nuances of this issue. It is this legislative document that will help to understand everything that may be required by employers, job seekers, and already employed citizens. In any case, it will be clear what constitutes a working day. Its duration in one case or another will not be a mystery either. This will definitely help to understand if the employer is cheating on you or not.
Definition
The first step is to figure out what is at stake. What is a working day? What is the definition of this term? After all, each concept should have its own specific description that helps to clearly understand what exactly is the subject of discussion.
Indeed, our concept also has an exact definition. A working day is a period during which an employee must perform his duties in accordance with an employment contract. Other periods prescribed in regulatory enactments related to working hours are also included here.
In other words, our current term describes the period of stay at the workplace during which a person is busy fulfilling his duties. There is nothing difficult about this. The main problems are not in understanding the term, but directly in calculating the duration of work. It is established by the employer in accordance with the rules existing in the Labor Code of the Russian Federation. Not all managers comply with them. Therefore, the length of the working day in Russia plays a huge role. You need to know in which cases and who exactly should work, performing job duties for a given time. So what is required by law? What are the rules in Russia regarding work and length of stay in the workplace?
Norms and Rules
The first step is to talk about how much work is required per week and how your time worked is recorded. This is all very important. After all, it is not in vain that the laws of the Russian Federation spell out the exact numbers regarding this issue. It is possible to exceed the established standards, but only under a certain condition, namely through additional wages for employees.
There are exceptions to the rules. According to the laws, a working day (its duration, to be more precise) can be established by the federal authorities for certain categories of workers. For example, for doctors or educators. In this case, no surcharges will be established. But only if it is in regulatory enactments that the changed length of the working day is prescribed. Otherwise, do not forget about the additional pay for the employee's work.
So what should be the length of the working day? In a week, it in Russia in total cannot exceed 40 hours. That is, it takes so much time to work with the maximum length of the working day. Remember, more than 40 hours a week may not work.In any case, unless otherwise specified in the legislative acts for specific categories of employees. Attempts by an employer to exceed established standards may be considered illegal. You will have the full right to refuse additional shifts. Moreover, in practice, employees do not go to work on personal initiatives after exceeding the "bar" at 40 hours. This is normal practice in Russia. And how long should the working day be? Its duration is varied for different categories of citizens. Actually, it depends on her exactly how many days will have to devote to the performance of their duties.
By the way, each employer must keep a special record of hours worked by one or another employee. Each employee is required to have a separate statement / summary. Without it, it will not be possible to say exactly how much a particular person worked. You can’t hope for one employment contract. Indeed, the actual length of the working day and what is written in the agreement between the employee and employers are, as practice shows, two different components in Russia. They differ, and rarely where is it possible to find a manual that does not violate the established norms regarding the length of the working day. So you can’t do without accounting. Not a single employee can be “ignored" in this sense.
Abbreviations
In general, there is such a thing as part-time work. And there is also a shortened one. It is the second that interests us now. Not all employees are supposed to work a certain amount of time per week or day. Some categories of citizens have shorter working hours. True, there are not too many of them. But violations of the norms established in this area are interpreted as very serious.
The length of the working day in hours, but at the same time reduced, varies. Although the norms established by law indicate only how much the normal working week is reduced in a particular case. To understand everything is extremely simple. And when you are employed, you must take into account all the features studied in relation to our current issue. By the way, basically half-holiday established for disabled and minors. The latter must know their rights and the norms prescribed in the Labor Code without fail. It is this category of citizens who are most often trying to occupy overtime without legal grounds.
So, the normal length of the working day will be reduced by a certain number of hours in a particular case. If we are talking about minor employees, then the norm will have to be reduced by 16 hours. But only if the employee is not yet 16 years old. When this age is reached, the weekly rate is reduced by only 4 hours.
Disabled people of the 1st and 2nd groups can count on only 5 hours of “minus”. If we are talking about employees working in hazardous work, then you can work with such personnel a week as much as minors aged 16 to 18 years. That is, the time norm is reduced by only 4 hours. Here is a working day (duration) in Russia can be.
The features do not end there. Please note that the federal authorities have the full right to independently establish for certain categories of people time standards for the performance of official duties at the workplace. Not the most common practice, so you should not rely on it much. It should be based on legally established generally accepted norms.
Incomplete time
What else is worth paying attention to? In fact, the working hours in hours may vary. It is difficult to talk about how much you should work (to the maximum) in a given position. Only a few restrictions exist in this regard. And how to distribute the prescribed 40 hours a week is the job of every employer.To certain limits, of course.
Only in some cases, by agreement of the parties, it is possible to establish a part-time job. True, not all employees can request it, but only some. Please note that in this case, payment will occur in accordance with the hours worked.
Another point worth considering is that part-time work does not affect the employee’s social package in any way. He has exactly the same rights to paid leave and sick leave as other staff. It is very simple to remember this condition: no matter what the working day is (its duration), all employees are equal in respect of the social package provided by the employer.
Who is eligible for this feature? Pregnant women in the first place. Further, the normal working day may be reduced at the request of the parent (guardian) of minor children. But only if they are not yet 14 years old. If we are talking about children with disabilities, then before they come of age, you can ask for an abridged version of work in the company. This also includes persons who care for a sick relative. But for this, a medical report is required. Without it, you have every right to refuse.
"Special" shifts
Most often, it is understood by the length of the working day the so-called work shifts. They, as you might guess, will directly depend on who the employee is. For example, students are supposed to work less than adults. This is not so difficult to understand.
Paying attention primarily to special categories of employees. Those for which the average working day (and maximum) is not set in clear terms for the Labor Code.
The thing is that some categories of workers will have to work in shifts, but the length of time is set either by Federal laws / acts, or by a collective agreement, or by an employment agreement between the employee and the employer. But at the same time, remember: the norm established per week at 40 hours should not be exceeded. Otherwise, it is either considered illegal, or paid as overtime work. These employees usually include:
- Journalists
- videographers;
- cinematographs;
- crews;
- workers and collectives of circuses, theaters, concerts;
- other people working in the field of media.
For schoolchildren
The duration of the working day (shift), as we have already found out, is established to one degree or another for certain categories of people. In the case of the media, everything is clear - there, basically, the employer himself dictates his own rules, but taking into account the established weekly labor standard. But what about minors?
In this case, the maximum assigned to the employee is 5 hours a day. But this is only for workers under 16 years old. After this restriction, you can work a day for a maximum of 7 hours until adulthood. By the way, it is important to understand here - the employee should not be trained. Otherwise, during the period of study, they can work in shifts of 2.5 and 3.5 hours a day, respectively. This may be a working day (duration). TU RF indicates that no one has the right even to leave overtime for minor employees to work part-time. In any case, during training in educational institutions.
For all
And how much, in principle, the main categories of citizens can work as much as possible? This question is of interest to many. After all, schoolchildren and people with disabilities, as well as personnel engaged in hazardous work, are not such common categories of workers. Therefore, it is more important to know what the average working day is for an average citizen.
In general, the set norm (shift) will depend on how much you work. But taking into account 40 hours a week allotted for the performance of official duties.Typically, the working day is 8 hours. Here is the average figure taking place in Russia. That is how much your shift will last for a 5-day work week. There is nothing complicated about it.
Although, as practice shows, sometimes you may encounter a 12-hour working day. In this case, the 5-day week does not take place. You will have to work full 3 days, and on the 4th - only a few hours. For this reason, it is not too often to find such shifts. Often there are often options with a 10-hour day. So work at the workplace will have 4 full days a week.
Harm
The average working day, as we found out, is 8 hours. At the same time, pay attention: disabled people will work as long as possible on a shift as much as the doctor allows them. This requires a medical certificate. But what about the personnel employed in hazardous or hazardous work? Do they work as much as everyone else?
Not at all. There are special rules for them too. You can set the duration of the working day at 8 hours, if you fulfill your duties in the amount of 36 hours per week at work, according to the employment contract. You must work no more than 6 hours during the 30-hour week. Less is possible, more is not. Otherwise, it is regarded as overtime. Or illegal. It all depends on the availability of additional pay for your work.
Weekends
Particular attention is paid to such a moment as the length of the working day. The day off (or holiday) in this regard has special rules for the distribution of time for the performance of official duties. The thing is that in such periods it is supposed to work less, although not by much.
On the eve of a holiday or a non-working day, you are supposed to work one hour less than what is established in your employment contract. Keep this in mind. Thus, the set time is reduced. Directly on holidays, labor is usually paid overtime, and the duration of this kind of activity is negotiable. Or fully work out the usual shift and get a weekend / holiday transfer. As an alternative - complete overtime pay.
If you work week lasts 6 days, then you should work less before the weekend. Namely, no more than 5 hours. When it comes to continuously working organizations, all employees working on legal holidays or generally accepted weekends are compensated. It has already been said about it: this is either a transfer of additional rest, or, as a rule, double wages.
Night shifts and part-time jobs
On this, all the features of our today's question do not end there. We have already learned how much average working hours are. At the same time, the day plays a role - before the weekend, the working day decreases. Such rules are established by the laws of Russia.
But it happens that you have to work at night. This kind of work should be considered according to a special principle. More precisely, its duration has some features. When the employer does not take them into account, it violates the laws established by the country. You can safely complain about it.
To avoid any problems, remember: the night time is considered to be from 22:00 to 6:00. During this period of time, the duration of your shift is reduced by 1 hour. With rare exceptions. Which one? When an employee is hired specifically for night work. In this case, the duration of the performance of official duties is established solely by the employment contract. There is nothing complicated about it.
Also, keep in mind that not all categories of citizens can work at night. The laws of the Russian Federation prohibit some of this kind of work. For example, people with disabilities, pregnant women and schoolchildren. More precisely, to all minors. They are banned in Russia night shifts. Other "special" categories of citizens (for example, women with children under 3 years old or with children with disabilities) may be involved in this kind of work. But only with written consent. And they have the right to refuse to work at night at any time.
But when it comes to employees working in the field of media, culture and leisure (theater communities, circus performers, film crews, journalists, etc.), then the working day (its duration) is set in accordance with a labor or collective agreement.
The last thing you need to pay attention to is part-time jobs and overtime work. In the first case, the employee on his own initiative remains in the workplace. This option implies a maximum stay at work for 4 hours per shift additionally, but no more than 16 hours per week. Payment is made without additional increase. In the second case, it increases, as a rule, 2 times. And the employee remains in place at the request of the employer. In this case, you can work no more than 4 hours overtime in a row, and per year the total processing should not exceed 120 hours. Otherwise, such work is recognized as illegal.
That's all. Now it’s clear how long a working day in Russia lasts. As you can see, its average duration is about 8 hours. But in practice, workers are constantly left for a variety of overtime work, at no additional cost. So keep that in mind. If you encounter violations, you can try to assert your rights in court. But, as practice shows, usually people just change their employer.
