Working time is invariably a unit of measurement of the amount of labor. This allows you to evaluate the amount of resources spent by a person, as well as the effectiveness of his activities. Such a measure is applied to any work, regardless of its characteristics.
The concept of working time is used not only in labor legislation. It is also considered by such sciences as economics, sociology, etc. What types of working time are available under the Labor Code of the Russian Federation, will be considered in the article.
Basic concept
The appearance and types of working hours under the Labor Code are considered to determine the rights and obligations of employees of any organization. Such legal regulation is extremely important for society.
During the time that a person spends at work, he creates a certain amount of values, provides services. It is the result of such activity that allows us to create the basis for the well-being of both individuals and society as a whole.
During working hours, an employee works out a certain number of hours. Motivation systems make him interested in productive work. At the same time, the employee also ensures the interests of his employer, society as a whole. To ensure that work is effective, legislation also regulates time for rest. His employee organization should use at its discretion, restoring strength for further activities.
Types of working hours under the Labor Code of the Republic of Kazakhstan, the Russian Federation are determined by the ratio of rest and employment of the employee. Based on the legislation, the duration of the period during which the employee must remain at his workplace is established. It is measured in days, hours, minutes. There is also the concept of shift and work week.
According to article 91, the concept of labor time is considered as the period during which the employee is obliged to fulfill the duties assigned to him on the basis of the internal regulations and contract.
Normative values
Types of working hours under the Labor Code of the Republic of Kazakhstan, the Russian Federation, the Republic of Belarus and other states can be considered in three regulatory aspects.
In the first case, this concept is used in legislation as a norm for the length of the period during which an employee is engaged in his activities in the organization. At the same time, working time is considered as a measure of labor, which is tied to calendar periods. For example, it can be a work week during which an employee is required to stay in his place and perform the indicated activity for 40 hours.
In the second aspect, working time is considered as the period during which the employee performs a certain function, which was indicated by labor relations. At the same time, the duration of such activities is stipulated by the rules of the organization’s order, and in some cases by special instructions of the employer. In this case, the employee may be obliged to go to work outside the established schedule. In this case, we are talking about overtime employment, work on holidays, weekends.
In the third aspect, working time is considered by law as the period during which the employee was actually present at his workplace. Moreover, the established norms do not always coincide with the real duration of a person’s labor activity for a certain period.
If we consider the actual time that the employee of the organization worked, we can draw conclusions about the real level of the effort spent to achieve the goals set by the organization. It may coincide or differ from the established norm in one or another direction.
Working hours
Types of working hours under the Labor Code of the Russian Federation are considered from a normative point of view. The main legal standards are fixed in the TC that define the concept of the period of a person’s professional activity. These include: work week, day, employment limit, shift, accounting period.
According to article 91, the working week is the period during which the employee of the organization spends 40 hours at his workplace. This is the most common measurement method, which is relevant for both a 5- and 6-day week.
A work shift lasts a set number of hours. During this time, the employee fulfills the duties assigned to him, and then the shift operator takes over the workplace. All people in a shift are engaged in a single production process.
The accounting period is used to establish the number of hours worked by the employee during a certain period according to the calendar. The employment limit is a limit that is stipulated by law for employees within a specific calendar period.
Considering the established values and types of working time according to the Labor Code, it should be said about such a norm as a working day. Its duration is not clearly established. However, article 91 stipulates that for a 6-day week, the length of the day is 7 hours.
Time mode
The duration of a person’s professional activity is determined by law. The types of working hours under the Labor Code should be studied in terms of the regime established by internal schedules and norms. According to article 100, the concept of a work time regime includes the length of the work week, the non-standardized day for some categories of employees, the duration of the shift, part-time, time it began, ends, breaks, and alternates days off and work periods. All of these standards are established by internal regulatory documents of the organization, approved by schedules, collective, labor contract, agreements.
There are no clearly established rules for determining the types of labor time. The legislation regulates the framework in which the choice of production mode is made.
The influence of the regime on humans is also studied by such sciences as physiology, psychology. In this case, the subject of their research is the processes that develop and occur in the human body, the psyche in the process of his professional activity. It should be noted that the time regime for employees of the organization and the enterprise itself are not identical.
Classification
Types of working time according to the labor code and law are chosen by management in accordance with the tasks set in the workplace. Employees can operate under a specific regime. He makes a reservation when applying for a job. Types of time for the implementation of labor activities may be as follows:
- summarized accounting;
- daily accounting;
- irregular day;
- flexible working hours;
- shift mode;
- day divided into parts.
Types of full-time work under the Labor Code can be adopted by the organization’s management in accordance with 100 articles. In this case, the authorities can accept as the main mode of work a 5-day (2 days off), 6-day (1 days off) working week or a schedule with moving days off.
Article 104 governs the accounting of time spent by summing hours worked.
Depending on the length of labor activity of employees in a given period, there are three main types of time for labor activity.It can be normal, abbreviated and incomplete. All of them relate to standardized time legislation.
Time for normal duration labor
To get an idea of the features and types of working time under the Labor Code, it is necessary to consider them in detail. Three main categories are used in organizations in accordance with the law.
Time for work of normal duration is an indicator that all business entities in our country must adhere to. It is legally established that the employee and the employer enter into an agreement on the period of the employee's stay in his place, the performance of professional duties.
The day of work should have a normal duration, regardless of the form of ownership of the enterprise. This indicator should not exceed 40 hours / week. It is this number of hours that is the maximum permissible value for all employees of organizations, enterprises, firms, etc.
At the same time, an employee who has worked the normal number of hours per week may qualify for payment of his labor not lower than the level established by law.
Reduced time
When considering the types of full and part-time work under the Labor Code, it is necessary to pay special attention to such a category as a shortened period of work. It is less than normal duration. However, an employee who is legally permitted to work within the reduced time frame claims to be fully paid for his work.
According to article 92, the normal length of the day of work is reduced for certain groups of the population. These include:
- employees under 16 years of age (no more than 24 hours / week);
- workers 16-18 years old (no more than 35 hours / week);
- employees who are disabled I-II group (no more than 35 hours / week);
- workers whose activities are carried out in harmful, hazardous working conditions (not more than 35 hours / week);
- employees who are students (whose age has not reached 18 years) does not exceed half the norm for employees of the corresponding age.
It follows that employees of the company whose age has not reached 18 years cannot be set a schedule of 2 days off, 2 days of workers with an 8-hour day. At the same time, the norms of legislation regarding the establishment of a reduced work schedule are the responsibility of the employer. At the same time, the cost of such employees is borne by the enterprise. At the same time, wages for workers with a reduced and normal schedule are identical.
Part time
The third is the type of part-time work under the Labor Code. At the same time, normal working hours are taken as the basis for the calculation. It is 40 hours a week. In this case, the incomplete time will be less than this value. For this, an agreement is concluded between the employer and the applicant for the workplace. It indicates that the employee will fulfill the duties assigned to him for a partial time. The employer is not entitled to unilaterally establish such a schedule. In the event of production downtime or other similar situations, the employee has the right to demand full payment for his labor, including for hours that were not worked through no fault of his own.
If the employer wishes to change the schedule for the staff, he notifies them in writing about this no later than 2 months before the introduction of such a regime. If the employee does not agree to work under such conditions, then the contract with him under Art. 81 with the provision of guarantees and compensations to him.
Particulars of establishing part-time work
The employer must take the following persons on a part-time basis:
- pregnant
- guardian or guardian of a child under the age of 14 years or a disabled child under the age of 18 years;
- persons who provide medical care for members of their family (at the conclusion of a medical institution).
Such employees send a written application to the employer. On the basis of this, they are provided part-time. At the same time, the number of hours worked per day is reduced to 4. You can also provide additional weekends. In this case, it is impossible to reduce the duration of the vacation, the calculation of experience.
Partial work hours are paid in proportion to hours worked. Holidays are also accrued on the basis of data on the amount of time worked per year.
Work outside normal time
Considering the types of working hours under the Labor Code, one more type of working hours cannot be ignored. This activity is beyond the established norm. Such work can be performed by employees who work in normal or part-time, reduced working hours.
This is an additional type of working time. It is used in parallel with other types of modes of professional activity.
Overtime Features
Types of working hours under the Labor Code are supplemented by overtime, which can be set with or without consent for different employees. In the second case, the employer may not send written notice to the employee if overtime work is required due to an emergency.
Moreover, overtime work, on weekends and holidays, is paid above the established norm.
Having examined the types of working hours under the Labor Code, we can draw conclusions about their features and the rules for setting schedules for different categories of employees.