The norms of international law say that everyone has the right to work, their payment, as well as to rest. This provision is reflected in the labor legislation of Russia, which gives concepts and offers different types of working time and rest time. What are they like? For whom are provided and how? About it further.
General concept
The concept of working time is clearly given in the labor legislation of the Russian Federation. In accordance with it, working time is that period of the day during which the employee is obliged to fulfill his labor functions. Between the hours of his work, the employee has the right to rest, for which a rest time is provided.
The time of rest in the Labor Code of the Russian Federation is the period when the employee is relieved of his duties assigned to him in accordance with the employment contract. He has the right to use it at his discretion.
What types of rest times are required by law? All of them are presented in Article 107 of the Labor Code of the Russian Federation. These include daily labor breaks, holidays, rest between shifts, holidays and weekends.
Breaks
Daily breaks in the labor process are the most frequent type of rest time. The labor law (Article 107 of the Labor Code) states that each employee in any enterprise has the right to breaks, which are arranged during the working day. The articles of the normative act also note that their duration every day should not be more than a couple of hours. However, the legislator notes that its duration should be at least 30 minutes. A clear amount of time for rest is determined by the employment contract, which the employer and employee sign at the time of employment.
Breaks that take place between shifts also belong to this category of type of rest time.
The legislation establishes a special list of such jobs in which full rest is not possible due to the conditions of work. In this case, the employer is obliged to arrange circumstances that will allow spending time relaxing.
The rules of the internal regulations may also be prescribed breaks intended for heating. They are provided for those employees who need it due to the conditions in which their work is performed. The legislator obliges to include such time in working hours and pay it in accordance with the established tariff.
Weekly rest
Weekend - the most successful example, characterizing this type of rest time (according to the TC). The law states that every employee who works at enterprises, organizations or institutions of all forms of ownership has the right to rest from the performance of their labor duties for a certain period, the duration of which should not be less than 48 hours.
As practice shows (and as they say in regulations), all employees who work on a five-day workweek schedule should rest for two days, and those who work six days a week receive only one day off. Sunday is a common day off, and the employee can choose the second day for himself, but only if it is not determined by the collective agreement for the enterprise or other local regulatory legal acts.
Non-working and holidays
Another type of rest time according to the Labor Code of the Russian Federation is holidays and non-working days. All of them are noted at the legislative level, their list is exhaustive, it is presented in Article 112 of the Labor Code of the Russian Federation.According to this list, the period from January 1 to 5 is non-working - on these days the country celebrates New Year. January 7 is also considered a holiday - the Orthodox population celebrates Christmas. As for major public holidays, all of them are also considered holidays. These include: May 9, November 4, and June 12. Among other things, the country also celebrates May 1, March 8 and February 23 - these days, holidays are also laid for all workers.
Sometimes it happens that a public holiday falls on a day off. In this case, the legislator provides for the transfer of the weekend to the next working day. This decision is made at the state level. In advance (at least 1 month before the date), all managers of enterprises and institutions, as well as employees, should be aware of which working days will be postponed for holidays that fall on a day off.
Holiday Holidays Additional Payments
It often happens that employees, due to the nature of their work, are forced to stay at enterprises and organizations even on holidays. In this case, the employer is obliged to provide for such persons a special wage, which is expressed in the amount of increased amount. The percentage of salary increase is determined by the norms of the labor or collective agreement or other local regulatory legal acts that apply to a particular enterprise.
Holidays work
Despite the fact that in Art. 113 of the Labor Code of the Russian Federation refers to the prohibition of the use of labor of workers on holidays, as well as on weekends, many enterprises need uninterrupted operation. To attract workers to work during the holidays, the employer must obtain their written consent to do so. In the absence of such, but in the presence of the fact of the forced call of the employee to work on the day off, the worker has the full right to go to court and restore his rights in the course of the proceedings.
The legislator provides for three cases when it is possible to call employees on holidays without their written consent. One of them is the presence of an emergency, as well as the need to eliminate the consequences of disasters. The third reason that an employee can be recalled on his legal holiday is the presence of martial law, in the conditions of which some kind of compulsory work needs to be performed.
Attracting special groups of employees to work on holidays
The legislator provides separate guarantees for employees who belong to a special category of persons. Among them are pregnant women, as well as those who have a child under the age of 3 years. In addition, the group of special workers includes persons with disabilities.
A call to work on holidays for people of such categories is allowed only if the activity does not harm the state of their general health. As noted in the content of the Labor Code of the Russian Federation, in addition to their written consent, the employer must have their personal signatures in the journal, which states that these persons have the right to refuse to perform labor activities on holidays.
Basic vacation
This type of rest time should be provided to each employee, as stated in the contents of the TC. At the time of its submission for each employee, the employer is required to maintain his workplace, position and the established monthly salary. The law says that in Russia the compulsory duration of the main annual leave is at least 28 days. An additional period is granted in special cases, which are also determined at the legislative level. An example of this is the extension of leave due to harmful and dangerous working conditions. The list of works that relate to those is defined in a special list, which is available in the annex to the Labor Code.Workers with irregular days also have the right to extend their leave, in addition, this opportunity is provided to employees who have a special nature of work - government employees can be an example of this, especially hard work.
Extra unpaid leave
Extra unpaid leave is a type of rest time that employees can also use. It represents an additional rest, which is given to all employees without the possibility of saving their wages. In the event of an employee's absence on the basis of the provision of additional leave, the place of fulfillment of labor obligations and the position are retained.
The legislator permits the division of such leave into several parts. As indicated in the description of this type of rest time, its total duration cannot exceed 14 days per year (in total).
The right to additional unpaid leave of more than 14 days has some categories of persons defined by law. These include veterans and participants in the Great Patriotic War (up to 36 days), pensioners who continue to work (up to 14 days), people with disabilities (up to 60 days). In addition, in special cases, for example, the death of a relative, the birth of a child, as well as marriage registration, the legislator also provides for the possibility of using additional leave of up to 5 days.
Replacing vacation compensation
Each employee who works under conditions for which the legislator provides for the possibility of using additional rest time has the right to replace it with monetary compensation. This chance applies only to the additional period and does not apply to the main period of this type of vacation (vacation time), which is equal to 28 days. Such compensation is provided solely on the basis of a written statement by the employee.
Appealing against the unlawful actions of the head of the enterprise regarding the provision of leave to employees
In the event that the employer refuses to provide any type of rest time (under labor law), the employee of the enterprise has the right to file a complaint with the labor dispute committee, which is organized at each large enterprise. In the event that after the consideration of the case on the merits, the employee remains unsatisfied with the decision made, he has the right to appeal it in court, by submitting an application to the court of first instance located at the location of the enterprise, organization or institution.
Professional lawyers note that cases to protect infringed rights in the provision of various types of rest time are among the most common in labor law. This is due to the fact that the norms specified in the Labor Code of the Russian Federation are violated quite often, which cannot please anyone, since the bulk of the Russian population consists in labor relations with enterprises of various forms of ownership.