Work week. How long is the working week in Russia and other countries of the world? Irregular working hours. Dependence on the category of citizens

In the Russian Federation, working hours are strictly regulated by Labor Code norms .

This regulatory document regulates all other relationships between employee and employer. At the same time, the Labor Code defines only general provisions working time standards. Hours are determined directly at the enterprise itself, taking into account the general requirements provided for at the legislative level.

Some articles clearly state: regulated by an employment contract. But, on the other hand, the document cannot contradict the norms of current legislation. In this case, industry and regional norms that define standards for specific type activities and places of work. The reason is clear: for hazardous working conditions work time will be reduced compared to standard conditions. Therefore, it is not the hierarchy of normative documents that is taken as a basis here - supremacy is provided specifically for sectoral acts.

It may also be different for some categories of the population (for example, for minors). For some categories, time can be reduced at their discretion, for others it is mandatory.

Special attention is paid to work at night. There usually need to be additionally created special conditions labor.

How much you can work is usually considered in several aspects:

hours per week;
maximum daily hours;
labor standard in days per month;
How many hours is the shift?

In addition, it is important to identify additional regulations: for example, a break between shifts. It cannot be less than 12 hours. Also for different categories of workers it is provided maximum amount, coming in a row.

At the same time, it is impossible to limit working hours in interpretation solely according to this norm. It is stipulated here that this concept should be understood as the time that an employee spends on performing his job duties in accordance with labor regulations.

The article directly states that this concept also includes any other situations that are provided for by additional legal norms and clarifications.

In other words, it cannot be clearly stated that only the time spent working in production is counted. The employment contract may provide for work at home or remotely. In this case, the location of the employee will not be affected in any way. That is, the concept must be detailed directly in the employment contract.

Additional regulations must also be followed. The duration of working hours is not always determined by the collective agreement. This may also include travel time.

Separately, you should pay attention to the fact that when determining the number of hours worked, forced production downtime is also taken into account. This also includes the time that the employee was forced not to work if he was fired illegally. In this case, you need to go to court. The claim contains basic information about the essence of the labor dispute and why the employer’s decision was illegal. Next, the cost of the claim is stated - material damage that will be recovered from the employer. Compensation means the amount of average earnings for the period from the moment of dismissal to the decision on the case. Even if the employee has been receiving unemployment benefits all this time or has already found one, this will not affect the amount of compensation in any way. It is better to go to court with such demands immediately. The Labor Inspectorate, even if it examines the dispute, will not be able to force you to pay anything - forced collection is carried out only by court decision.

Working hours

Exactly how much and according to what schedule a person should work is fixed in his. However, these requirements cannot contradict current legislation. For different categories of workers, the daily working week, as well as the number of hours per week, will be different, so it is necessary to clearly stipulate these points right away, because on the basis of this, wages will be calculated in the future. Even if the employee agrees to work longer, this will be considered overtime and therefore he will be entitled to more money for the work performed.

Working hours are strictly controlled. But to do this, you need to be able to check how long the working day actually lasts. All this information is entered into the accounting sheet. Based on this document, the accounting department calculates wages and overtime payments. The accounting journal records all information about the beginning working day, its end and duration, as well as the number of shifts (hours) per week and hours per month.

At the same time, one must understand that exceptions to the rules are possible. Sometimes the hours per week can be more than 40. The standard hours per month may also be exceeded. This applies to employees who have a duty schedule. For example, according to the standards, a doctor must work a full shift (24 hours). Working hours differ in each month. This is recorded in the relevant regulations and instructions. But very often it is not possible to accurately divide the number of hours by 24. In this case, the employee will have more hours of work per month. He cannot work fewer hours, since then he will not get a full month of work experience. In this case, hours in excess of the norm are paid as overtime.

The norm for the week is also calculated. Although working hours under the Labor Code are regulated not only per month, but also per week or day, there will also be exceptions for such categories of workers. For example, during the week a person can work the bulk of the duty for the month, and then not work for a week. Although it is possible to work only a specific number of hours per week, again in this case it will not be possible to clearly divide them between duties.

The only condition: according to work and rest standards, the intervals between shifts must be strictly observed. You cannot place all your work hours in one week and work several days in a row without any breaks.

Normal

Working 40 hours a week is considered normal. At the same time, a reservation should be made immediately: breaks are not taken into account here! That is, if in many enterprises and government institutions If work is provided from 8 am to 5 pm, then 8 hours will actually be considered worked, and an hour of break will not be paid.

By the way, there is a catch: many private companies that manage the work process themselves often agree to workers' requests and allow them to leave an hour earlier, working without a break. In fact, this is wrong and a gross violation of the law. Such a schedule is acceptable only for certain categories of workers (for example,). For others, this cannot be done even at their request.

Management must keep records of exactly how long employees worked at the enterprise on a given day. The report card is checked by regulatory authorities. Its absence is a serious violation.

Abbreviated

Article 92 provides for the standard of work for each specific category of workers:

, and persons aged 16 to 18 years work a maximum of 35 hours per week;
Persons under 16 years of age (from 14, respectively) can work a maximum of 24 hours a week;
if a person under 18 years of age is a full-time student and at the same time works in free time, then the maximum possible norm is half of that provided for this age category.

At the same time, the article stipulates that other codes and norms may establish reduced working hours for other categories of employees. We are talking, in particular, about doctors and teachers. For them, labor standards are stipulated directly by by-laws approved for each specific department. The same applies to workers in the North, as well as those involved in complex and hazardous production (metallurgy, chemistry).

Part-time work

The right to reduce labor time is enshrined in Article 93 of the Labor Code of the Russian Federation.

At the same time, it is clearly stipulated that the parties can stipulate this when applying for a job by signing an employment contract. You can also make changes to it later. To do this, there is no need to sign the employment contract again - just draw up an additional agreement.

If the employer does not have any objections to this, then it is quite possible to establish a similar schedule for any employee. In this case, both a shortened working day and a shortened week are allowed.

At the same time, there are a number of categories of employees to whom the employer does not have the right to refuse such a request. These include:

Guardian of a disabled person (if there is a medical certificate).
Parent of a child under 14 years of age or a disabled child under 18 years of age. It is interesting to note here that we're talking about not about families where the baby is raised by only one parent. Even if the family retains full rights, only one of the parents can use it (the family decides at its own discretion).

Payment in this case will be made in strict proportion to the time the employee works (or the amount of work he performs). Any restrictions in terms of annual leave for such workers no.

To exercise this right, you must submit an official request to the manager with a request to transfer to a similar schedule. In case of refusal, the employee has every right to contact the Labor Inspectorate to restore justice. Like any other statement, this appeal can only be dated on a working day.

Duration of daily work

Article 94 of the Code discusses in detail exactly what the maximum duration of a working day (or shift) can be for different categories of workers:

for persons under 16 years old – 5 hours, from 16 to 18 years old – 7 hours;
if a person is studying and at the same time combines study and work, then for persons under 16 years of age the duration of the shift cannot exceed 2.5 hours, and for persons 16-18 years of age - 4 hours;
for disabled people, the shift is limited to the period of time provided for by the medical report in accordance with the diagnosis.

For those employed in services with particularly difficult working conditions, an initially shortened week is provided. At the same time, the daily work rate is also regulated:

if the working week is 36 hours, then the shift can be a maximum of 8 hours per day;
If the norm is 30 or less working hours per week, then you can work a maximum of 6 per day.

At the same time, the article clearly stipulates that the employee and the employer, by agreement between themselves, can include a clause in the employment contract to increase the working hours. This applies to those categories of employees who are involved in complex production.

Please note that for creative professions and journalists, the duration of the shift is established exclusively by the employment contract.

For other categories of workers, it is strictly forbidden to increase the norm. You can reduce it, but you cannot increase it. This will be a gross violation of the law. The only exceptions are those positions where the employment contract provides for a different shift schedule (for example, 2-day shifts of 12 hours each).

Thus, the duration of working hours is regulated by law Russian Federation. But in this case, only the total duration and general points are fixed. The rest of the schedule can be detailed based on the employment contract. The timesheet then needs to include all the information about how much a person should work and how much he actually worked. It is very important to take all these standards seriously, as any deviation may result in liability. If the law is violated, then the employee has every right to contact the law enforcement agency to restore justice.

Sample documents

Legislative norms

According to Article 91 of the Labor Code of the Russian Federation, the norm cannot exceed 40 hours per week. In cases where the employer, following the law, must establish reduced working hours, 24, 35 or 36 hours per week are approved.

The RV norm is necessary for establishing, as well as for payment, on weekends and holidays.

RV standards

The following time standards are distinguished:

Work week. It may consist of five days (Saturday and Sunday are days off), or six, but its duration should normally be 40 hours, or with a shortened time period - 24, 35 or 36.
Change. Concept work shift includes the time after which workers employed in one labor process, replace each other. It happens during the day and at night. When working in shifts, sometimes such a nuance arises as the inability to reduce the duration of the shift when it is provided for (for example, on a holiday). Then this time is considered overtime and is paid in accordance with overtime standards or compensated by the provision. Payment for the night shift (from 22.00 to 06.00) occurs at an increased rate, which is approved by the employer.
Working day. The time during the day during which work is performed. Normally equal to 8 hours.
Accounting period. Time worked for a calendar period (for example, a quarter or a month, but not more than a year). This period allows you to compare the hours with the standards established by law. This is a unique form of control over the RV norm.
Occupancy limit. Employment limit established by law. An example would be . The number of hours worked in this case cannot exceed half of the daily wage rate per month. With a 40-hour work week in October 2019, part-time work should not take more than 84 hours.

RV accounting is selected in accordance with the specifics of the enterprise.

Rules and examples of working time calculation

Working time calculation takes into account a large number of factors, but the main one is the work schedule. It can be daily, weekly and cumulative. The latter assumes a shift schedule.

In addition, when accounting for radioactive substances, the following are provided:

type of working week: five-day, six-day;
daily duration of work;
the time when the work was started and completed;
breaks;
sequence of working days with non-working days;
number of shifts in 24 hours;
the presence of holidays, when the working day is reduced.

Calculation per month

In general, the calculation of RP for a month during a five-day period is carried out using the following formula:

Ntotal = Prv: 5 x Krd – 1 h. x Kppd, where:

Ntotal - RV norm;
Prv - duration of RT per week (40.35, 36 or 24);
Krd - number of working days in the period (month, year);
Kppd - the number of pre-holiday days.

For example:

There are 21 working days in October 2019. This means that with a 40-hour week it will be: 40: 5 x 21 - 0 = 168 hours. At 36 hours: 36: 5 (days) x 21 = 151.2 hours. Hence the conclusion is this: the maximum working time in October 2019 should not exceed 168 hours.

Six days

A six-day week also cannot exceed 40 hours in total.

Let's take the same October with a six-day week. There will be 26 working days, the norm is 168 hours. 168 divided by 26 equals approximately 6 and a half hours a day. But in the Russian Federation, during a six-day working week, a 7-hour duration of work time is used, and before the weekend it is reduced to 5 hours.

On the eve of a holiday, during a five-day period the working day is reduced by one hour; during a six-day period, the working day cannot be more than five hours.

Number of working days between dates (formula)

Excel has a function called NETWORKDAYS. Its arguments are the start and end dates. These are required values to enter. And also an optional argument - holidays. When entering data about holidays, these days are excluded from the calculation.

Calculation of RF for 2019

The production calendar is taken as a basis. Here you need to take into account that it is a leap year, and there are 366 days in it. Of these, there are 247 working days. There are 119 weekends and holidays. There are only two pre-holiday days this year.

Calculating using the formula (if a 40-hour work week is taken), it turns out: 8 * 366 - 2 = 1974 hours.

If we take into account a week consisting of 36 hours, then the year will be 1776.4 hours. And with a 24-hour week, there are correspondingly 1183.6 hours of RT.

Calculation for shift schedule

With such a schedule it is often used.

Summarized accounting is used for shift schedules, sliding days off and approval.

The need for such accounting arises in cases where the required norm, for example, 40 hours a week, is not maintained. But it is leveled off over a certain accounting period - it can be 1 month (which is more convenient), a quarter or a year.

Example:

Driver Yu.P. Ivanov, who works at Petra LLC, where summarized accounting has been introduced, and a quarter is taken for calculation, worked 447 hours from January to March inclusive of 2019.

Of them:

118 hours in January;
145 hours in February;
184 hours in March.

This driver is an employee with a 40-hour work week. This means that the norm for the first quarter is 447 hours, where:

120 hours - January;
159 hours - February;
168 hours - March.

From the calculations it is clear that the norm was not exceeded.

Calculation of RV on a business trip

The seconded person performs an official assignment, and not his own function specified in the employment contract.

In accordance with this, the time spent by the employee in is not the working time defined in Article 91 of the Labor Code.

The duration of RT in this case is set based on several factors:

nature of the job assignment;
fulfillment conditions;
operating mode of the receiving party.

If you are hired on a business trip on weekends or holidays, these days must be marked and paid accordingly.

Calculation of RR with a schedule of days in three

This type of schedule is classified as either shift work or flexible work. In this case, the standard of 40 hours per week cannot be met. Therefore, hours exceeding the norm will be considered overtime, and their number will be determined at the end of the accounting period.

Here it is more convenient to choose a period for accounting equal to one year. Then the processing will be compensated by the shortfall.

Calculation in case of partial bet

For a normal work week (40 hours), the calculation is made as follows:

If 0.75 of the rate is taken into account, then 40 * 0.75 = 30 hours per week. For a five-day period, divide 30 by 5, and it turns out that the daily norm is 6 hours. To calculate the number of hours per month, you need 30: 5 * (number of working days in a calendar month). For example, in February 2019 there are 20 working days. So 30: 5 * 20 = 120 hours.
0.25 rate: 40 * 0.25 = 10 hours. It must be taken into account that working time can be distributed either 5 days for 2 hours, or 2 days for 5 hours. Next, we also take February: divide 10 by 5 and multiply by 20. It turns out 40 hours per month.

Bid	Hours per week	Hours per month (for example, February 2019)
0.3 rates	12	48
0.4 rates	16	64
0.5 bets	20	80
0.6 rates	24	96

New edition of Art. 91 Labor Code of the Russian Federation

Working time is the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform job responsibilities, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time.

Normal working hours cannot exceed 40 hours per week.

The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established duration of working time per week, is determined by the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor.

The employer is required to keep records of the time actually worked by each employee.

Commentary on Article 91 of the Labor Code of the Russian Federation

Working time consists of the time actually worked during the day. It may be less or more than the duration of work established for the employee. Working hours also include other periods within the normal working hours when work was not actually performed. For example, paid breaks during the working day (shift), idle time not through the fault of the employee.

The duration of working hours is usually established by fixing the weekly standard of working time.

The maximum limit on the duration of working hours is established by law, thereby limiting the duration of working hours. Article 37 of the Constitution of the Russian Federation, enshrining in paragraph 5 the right to rest, indicates that a worker employment contract The working hours established by federal law are guaranteed.

The Labor Code allocated working time to Section IV, consisting of two chapters (15 and 16).

Article 91 of the Labor Code of the Russian Federation defines working time.

Working time is the time during which an employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulatory legal acts, relate to working time. Based on this, the rights of the parties labor relations determine the boundaries of working time, establish the beginning of the working day, its end, time for a lunch break, as well as the working time regime, through which the working hours established by current legislation are ensured.

The Code emphasizes that normal working hours cannot exceed 40 hours per week. This maximum working time applies to the vast majority of workers and is therefore legal aspect is considered a universal measure of labor.

The significance of the legal limitation of working hours is that:

1) ensures the protection of the employee’s health from excessive fatigue and contributes to the longevity of his professional working capacity and life;

2) for the working hours established by law, society and production receive from each employee the necessary certain measure of labor;

3) allows the employee to study on the job, improve his qualifications, cultural and technical level (develop personality), which, in turn, contributes to the growth of the employee’s labor productivity and the reproduction of a qualified workforce.

The time during which the employee, although he does not perform his job duties, but performs other actions, includes periods of time that are recognized as working time, for example, downtime through no fault of the employee. For example, in accordance with Article 109 of the Labor Code of the Russian Federation, working hours include special breaks for heating and rest provided to employees working in the cold season at outdoors(for example, construction workers, installers, etc.) or in closed, unheated rooms, as well as loaders engaged in loading and unloading operations. The temperature and wind strength at which this type of break must be provided are determined by executive authorities. The specific duration of such breaks is determined by the employer in agreement with the elected trade union body.

Breaks for industrial gymnastics must be provided to those categories of workers who, due to the specific nature of their work, need active rest and a special set of gymnastic exercises. For example, drivers are entitled to such breaks 1 - 2 hours after the start of the shift (up to 20 minutes) and 2 hours after the lunch break. In relation to any other categories of employees, the issue of providing them with such breaks is resolved in the internal regulations.

According to Article 258 of the Labor Code of the Russian Federation, working hours include additional breaks for feeding the child (children), provided to working women with children under the age of one and a half years, no less than every three hours of continuous work, lasting at least 30 minutes each. Breaks for feeding children are included in working hours and are subject to payment in the amount of average earnings.

As a rule, working hours include periods for performing basic and preparatory and final activities (preparing the workplace, receiving work orders, receiving and preparing materials, tools, familiarizing with technical documentation, preparing and cleaning the workplace, handing over finished products, etc.) provided for by technology and labor organization, and does not include the time spent on the road from the checkpoint to the workplace, changing clothes and washing before and after the end of the working day, and lunch break.

In conditions of continuous production, the acceptance and transfer of shifts is the responsibility of shift personnel, provided for by the instructions, norms and rules in force in organizations. The acceptance and handover of a shift is due to the need for the employee accepting the shift to familiarize himself with operational documentation, the condition of the equipment and the progress technological process, accept oral and written information from the employee handing over the shift to continue maintaining the technological process and servicing the equipment. The specific duration of shift reception and transfer time depends on the complexity of the technology and equipment.

At the same time, taking into account that Article 91 of the Labor Code of the Russian Federation gives the parties to labor relations the right to determine the principles of regulation of working time themselves, the issues of including the above time periods in working hours must be resolved by them independently. The decision made is enshrined in the internal labor regulations approved in accordance with the established procedure.

Normal working hours cannot exceed 40 hours per week in either a five or six day work week. This is the standard working time established by law (Article 91 of the Labor Code of the Russian Federation), which must be observed by the parties to the employment contract (employee and employer) throughout the Russian Federation, regardless of the organizational and legal form of the enterprise, type of work, and length of the working week. Normal working hours are general rule and applies if the work is performed under normal working conditions and the persons performing it do not need special measures labor protection; applies to physical and mental workers. Normal working hours must be of such duration as to preserve the ability to live and work. Its duration depends on the level of development of production forces.

It should also be taken into account that the normal working hours established by Article 91 of the Labor Code of the Russian Federation apply equally to both permanent and temporary seasonal workers, and to employees hired for the duration of certain work (Articles 58, 59 Labor Code of the Russian Federation), etc.

The legislator provides for the obligation of the employer to keep records of the time actually worked by each employee. The main document confirming such accounting is a time sheet, which reflects all work: daytime, evening, night hours, weekend hours, etc. holidays, overtime hours of work, hours of reduced work against the established duration of the working day in cases provided for by law, downtime through no fault of the employee, etc.

It is necessary to distinguish between the duration of working hours during the day and the norms of working hours. The length of the working week is calculated from seven hours of the working day; the length of working time during the day may vary.

In addition to normal working hours, the Labor Code of the Russian Federation regulates issues of reduced working hours, part-time working hours, irregular working hours, overtime work etc.

Another comment on Art. 91 Labor Code of the Russian Federation

1. Article 91 of the Labor Code, firstly, contains a definition of working time, secondly, it establishes its maximum duration and, thirdly, it indicates the employer’s obligation to keep records of working time.

2. The definition of working time given in Part 1 of Art. 91 of the Labor Code, is based on the prevailing Russian science labor law the concept of working time and focuses on the factor of obligation: the time during which the employee must perform work duties can be attributed to the worker. The definition essentially identifies two different concepts: working time as such and its norm. Please note that actual hours worked may not be the same as established by the rules internal labor regulations or an employment contract, standard working hours. Work beyond the working hours established for the employee is also considered working time with all the ensuing consequences. legal consequences even if the employer involved the employee in such work in violation of the law and the employee was not obliged to perform it. In such cases, one should be guided by the definition of working time given in ILO Convention No. 30 (1930), where working time is understood as the period during which the worker is at the disposal of the employer. Similar definitions of working time are given in ILO Conventions No. 51, 61.

3. In Art. 91 of the Labor Code of the Russian Federation emphasizes that working hours include other periods that, in accordance with Labor Code, other federal laws and other regulatory legal acts of the Russian Federation relate to working time. Such periods are special breaks for heating and rest, breaks for feeding the child (see Articles 109, 258 of the Labor Code of the Russian Federation and the commentary thereto).

The collective agreement may also establish other periods related to working time.

4. Standard working hours - the number of hours that an employee must work during a certain calendar period. The basis for determining the standard working time is the calendar week. Based on the weekly norm, if necessary, the working time norm is established for other periods (month, quarter, year).

5. For a long period, until 1992, in our country the state established strict working time standards, mandatory for the parties to the employment contract. The legislation directly stated that working hours standards could not be changed by agreement between the administration and the trade union committee or on the basis of an agreement with workers and employees, either upward or downward. Exceptions to this rule were established in the law itself.

Modern Russian labor legislation- in accordance with the Constitution of the Russian Federation and international legal acts to which Russia has acceded, - assigned to labor legislation in the field of regulation of working time the function of labor protection, implemented by establishing by law a maximum measure of labor, which employers either independently or by agreement with representative bodies workers or with the workers themselves cannot exceed (exceptions to this rule are allowed only in cases established by law - see Articles 97, 99, 101 of the Labor Code of the Russian Federation and the commentary thereto). The specific standard of working time is established by a collective agreement or agreement and may be lower than this maximum standard (see Article 41 of the Labor Code of the Russian Federation and the commentary thereto).

6. Working hours are regulated taking into account working conditions, age and other characteristics of workers and other factors. Depending on the established duration of working hours, labor legislation distinguishes the following types:

a) normal working hours;

b) reduced working hours (Article 92 of the Labor Code of the Russian Federation);

c) part-time work (Article 93 of the Labor Code of the Russian Federation).

7. Normal working hours are the duration of working hours applied if the work is performed under normal working conditions and the persons performing it do not need special labor protection measures. Article 91 of the Labor Code of the Russian Federation defines the limit of normal working time at 40 hours per week. Within these limits, the normal working hours are established by collective agreements and agreements. In cases where a collective agreement was not concluded or the condition on the duration of work was not included in the collective agreement, the maximum norm established by law - 40 hours per week - applies as the real standard of working time.

8. Accounting of the time actually worked by each employee must be kept in organizations of all organizational and legal forms, except budgetary institutions, according to forms T-12 “Working time sheet and calculation of wages” or T-13 “Working time sheet”, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. Recording the working time of each employee working under an employment contract , must also be maintained by the employer - an individual entrepreneur.