In accordance with article 106 of the Labor Code of the Russian Federation, rest time is the period when an employee is free from performing his labor duties. It is then that he has the right to use the time at his discretion. It is advisable to consider in more detail the concepts and types of rest time under labor law.
Working hours and rest time
Today, working time is understood as the period during which an employee of one or another structure fulfills his labor duties in accordance with the rules of the employment contract and internal regulations. The concepts of working time and rest time are opposite. Working hours are usually classified by duration. So, they allocate normal working time, incomplete and reduced. Normal and shortened time is established by labor legislation and, of course, by a collective or labor contract, which are drawn up on the basis of current legislation. Part-time work is determined by the employer and employee in the process of admission to a particular position. It is important to understand that all of these varieties of working time are normalized.
These are the concepts and types of working time. Rest time in accordance with article 106 of the Labor Code of the Russian Federation is the period during which an employee is completely free from performing his labor duties. That is why he can spend it as he sees fit. This is an interpretation of time free from labor activity, in other words, the entire calendar period that is not busy with work.
The concept and types of rest time
Having briefly reviewed our term, it is advisable to parse it in more detail. So, today there are several varieties of rest time.
Among them are the following items:
- Breaks during the working day, that is, shifts.
- Holidays.
- Weekends, that is, a continuous vacation, which is organized every week.
- Rest between shifts, in other words, daily rest.
- Holidays that are non-working.
We will study the concept and types of rest time, types of vacations and breaks in more detail.
Breaks
Currently, the following varieties of breaks during the working day are distinguished:
- Lunch and rest breaks. Each employee in any organization is granted such breaks. As a rule, their duration varies from 30 to 120 minutes. It must be added that this time is not included in the working time. It is established by the terms of the employment contract and the internal structure of the structure, as well as by agreement between the employee and the employer.
- Breaks for rest and heating. If a person holds certain positions and carries out labor activities in certain positions, special breaks are justified for him, justified by the organization of production and labor or technology. This can be breaks for people who work at work with harmful working conditions, robots or computers, as well as for those involved in occupational gymnastics. It is also advisable to include work in this group in the cold season, in winter, as a rule, in rooms that are not heated, or in the open air. For example, loaders involved in loading and unloading, one way or another will have such a rest.
- Breaks associated with feeding a baby. This type of vacation is organized for all women who have children under 1.5 years old.
- Technological breaks, provided for persons who work on certain equipment or use special mechanisms in their work activities.
Inter shift
The concept of rest time in labor law at first glance seems rather narrow, however, if we analyze this term in more detail, we can find many branches. And now we are going to rest between shifts. The duration of such a rest, which takes place every day, in accordance with the general rules should be more than twice the duration of one working day that precedes the rest. It is important to note that an exception to this rule may be allowed for those who work on a rotational basis. This should also include the crew of ships, cars and so on. However, their continuous operation should not exceed twelve hours.
Weekend
The concept of rest time implies classification, one of the components of which are weekends. In other words, they can be called continuous rest, which takes place every week. You need to know that the duration of such rest should be equal to or exceed 42 hours. Calculation begins immediately after the end of the shift of work before the day off and ends with the start of work on the day following the day off.
If summing up the accounting of working hours, the duration of the continuous rest that takes place every week should be observed only for the accounting period. In the case of a 5-day work week, employees are given 2 days off per week. If the working week is 6 days, then we will talk about one day off. It must be added that the provision of days for rest is a prerequisite that the employer must provide to the employee. As a rule, the general day off is Sunday. In accordance with traditional rules, in the case of a 5-day working week, Saturdays and Sundays are considered holidays, and in the case of a 6-day working week, only Sunday.
Additional weekend conditions
In the process of studying the concept of rest time and its varieties, one should stop at the weekend. So, if it coincides with the holiday, the day off is transferred to the next business day after the holiday. For persons who carry out labor activity six days a week, Saturdays coinciding with holidays are workers. Then there can be no weekend transfer.
In accordance with Article 262 of the Labor Code of the Russian Federation, the parents of those children under 18 years of age who are disabled are entitled to receive four additional (and paid) days of rest per month. This time can be used either by one parent or two, but only 50% of the named period by each of them. Women who work in rural areas are entitled to one extra day off at will, but without pay.
Holidays
The study of the concept of rest time involves the consideration of a number of its varieties, including holidays, days off from work. According to the Labor Code of the Russian Federation (Article 112) in our country, the following are considered non-working days:
- Holidays dedicated to the New Year (from January 1 to 5).
- Christmas (January 7th).
- Defender of the Fatherland Day, which is celebrated on February 23.
- International Women's Day, which is celebrated on March 8.
- Holiday of Labor and Spring (May 1).
- Victory Day (May 9).
- RF Day (June 12).
- National Unity Day (November 4).
Individual cases
The concept and types of rest time indicate the presence of a number of weekends that are holidays. However, it is worth considering some factors. For example, if a non-working holiday and a weekend coincide, the latter should be transferred to the next day after the holiday. It must be added that in this case the salary in no way decreases for those persons who receive a particular salary. The remaining categories of persons engaged in labor activities receive additional remuneration.The size of these bonuses is usually set by the employment contract or internal rules of the organization.
Weekend employee engagement
The concept of rest time is also controversial. So, in accordance with the current labor legislation, engaging employees to work on holidays or weekends without their consent is possible only in the following circumstances:
- To prevent a catastrophe, accident at work or to eliminate their consequences or the results of a natural disaster.
- To prevent accidents, damage or destruction of property complexes of the employer, municipal or state institution.
- To carry out work, the need for which is due to the introduction of martial law or state of emergency. It is advisable to include urgent work in case of emergency, in other words, in case of a disaster or its threat. These are floods, fires, famines, epidemics, earthquakes and so on. That is, everything that can harm or endanger people's lives.
Types of Vacations
And finally, consider perhaps the most enjoyable part of the topic. Today, the Labor Code of the Russian Federation provides for a number of varieties of vacations. Annual leave, which is paid one way or another, is granted to employees of all organizations in accordance with the vacation schedule, which is formed by a specialist in the personnel department. Typically, paid leave is 28 days. However, some groups of workers can count on extended periods associated with working conditions or other factors established by law.
The provision of additional leave is relevant only for certain categories of specialists, but study leave is real for those who combine studies with work. It can be paid or not by decision of the management. The length of study leave depends on the form of training, purpose, and, of course, the level of the educational institution where the employee is educated.
Administrative leave does not provide for salary. In other words, this is leave at your own expense, which can be granted by agreement of the parties, for example, for the family circumstances of the employee or other valid reasons. Maternity leave is relevant for women before and after childbirth (140 calendar days). And finally, maternity leave takes place after maternity leave. This is the longest vacation, which ends only when the child is three years old.