Legal regulation of working time recording. The list of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to reduced working hours, is approved in the manner established by law.

Working time is the time during which an employee, in accordance with internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, relate to working hours time (Article 91 of the Labor Code of the Russian Federation).

Other periods that, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation relate to working time, are considered idle periods, breaks for heating and rest, breaks for feeding a child, time spent on a business trip, time between shifts for rest during the period being on watch.

Normal working hours cannot exceed 40 hours per week. The normal duration cannot be changed by other regulations or agreement of the parties.

Local regulations may establish working hours for employees. At the same time, it must be remembered that collective agreements, agreements, and employment contracts cannot contain conditions that reduce the level of guarantees for workers in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in a collective agreement, agreement or employment contract, then they are not subject to application (Part 2 of Article 9 of the Labor Code of the Russian Federation).

State authorities of the constituent entities of the Russian Federation may adopt laws and other regulatory legal acts containing labor law norms on issues not falling under the jurisdiction of federal state authorities. At the same time, a law or other regulatory legal act of a constituent entity of the Russian Federation containing labor law norms should not reduce the level of labor rights and guarantees for employees established by the Labor Code of the Russian Federation or other federal laws.

2. Types (duration) of working time: a) normal working time; b) reduced working hours; c) part-time work

Labor legislation establishes the following types of working hours:

normal working hours;

reduced working hours;

part-time work.

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 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.

Shortened working hours mean working hours reduced compared to normal, when the reduction is carried out in accordance with the law or a collective agreement.

Shortened working hours are established:

for workers under the age of sixteen - no more than 24 hours a week;

for workers aged sixteen to eighteen years - no more than 35 hours per week;

for employees who are disabled people of group I or II - no more than 35 hours per week;

for workers engaged in work with harmful and (or) dangerous working conditions - no more than 36 hours a week in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

Until the corresponding legal act of the Government of the Russian Federation is adopted, the List of production facilities, workshops, professions and positions with hazardous working conditions, approved by the Resolution of the State Committee of Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 N 298/P-22, is in force. Work in which gives the right to additional leave and shortened working hours 20.

All employees whose professions and positions are provided for in production and workshops in the relevant sections of the List, regardless of industry, have the right to a shortened working day. The right to a shortened working day or working time arises only if the employee actually performed work in hazardous conditions for a duration of at least half the working day established by the List for a given production, workshop, profession or position.

The Labor Code of the Russian Federation and other federal laws may establish reduced working hours for other categories of workers (teaching, medical and other workers). The employer has the right, at his own expense, to establish a shortened working week for other categories of employees.

Thus, establishing reduced working hours is the responsibility of the employer. When concluding an employment contract, the parties do not have the right to increase the working hours established by law.

Unlike reduced working hours, part-time working hours can be established by agreement between the employee and the employer, both upon hiring and subsequently.

Part-time working time is working time whose duration is less than normal. In the event that an employee, in accordance with the law, has the right to reduced working hours, time of shorter duration compared to the corresponding standard of reduced working hours will be considered incomplete.

At the same time, the employer is obliged to establish a part-time or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of 14 (a disabled child under the age of 18), as well as a person caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws.

Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other rights. At the same time, the employee is deprived of the right to additional leave provided for in Article 116 of the Labor Code of the Russian Federation if he is assigned a part-time working day. If he is assigned a part-time working week, then the right to the specified additional leave is not lost.

Introduction. 3

1. The concept and significance of legal regulation of working time. 4

A). The concept of working time. 4

b). The importance of working time regulation. 4

V). Working hours according to the Labor Code of the Russian Federation and the Labor Code. 5

2. Types of working time and methods of its regulation. 7

A). Types of working time. 7

b). Methods for regulating working time. 10

3. Working hours beyond their normal duration. 12

A). When involved in overtime work at the initiative of the employer. 12

b). When working on the initiative of an employee on an internal or external part-time basis. 14

4. Working hours. 16

Conclusion. 20

Task. 21

The purpose of this work is to study the new Labor Code of the Russian Federation in terms of legal regulation of working time. When presenting the material in the work, the latest regulations were used, a comparative analysis of the Labor Code of the Russian Federation with the provisions of the Labor Code was carried out, and the necessary Conventions of the International Labor Organization were also used.

The first chapter provides basic concepts, discusses the importance of legal regulation of working time, and also provides a comparative analysis of the provisions of Chapters 15 and 16 of the Labor Code of the Russian Federation with Chapter 4 of the Labor Code.

The second chapter examines in detail the types of working time, features and the relationship between state and contractual methods of regulating working time.

The third chapter discusses the features of regulating working time outside of its normal duration. The concepts of overtime work and internal and external part-time work are considered.

The fourth chapter examines the mode and various ways of recording working time.

The conclusion provides the main conclusions.

Legal regulation of working time establishes the types, norms, duration and mode of working time, as well as the procedure for working in excess of the established working time.

Art. 91 of the Labor Code of the Russian Federation determines work time, as the time during which the 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.

Working time, in accordance with labor law, includes both the time during which work was actually performed and periods during which work was not actually performed, but which, in accordance with labor law, are not subject to exclusion from working time (for example, downtime, paid breaks). On the other hand, working time is also considered to be working time beyond the established duration in cases provided for by law. This work must be compensated to the employee. An unpaid break for rest and food during working hours is not excluded, but the time (moment) of the end of the working day (shift) depends on its duration. Vacations without pay, as well as absenteeism, tardiness, and early leaving work are not included in working hours. However, in accordance with labor law, lost working time cannot be compensated through working hours.

The importance of regulating working time is great; it is one of the legal guarantees of the right of citizens to rest, therefore the rules on working time are inextricably linked with the rules on rest time. Working time as a working condition largely determines the standard of living of workers. The amount of free time used for recreation, satisfaction of cultural and other needs of people depends on its duration.

According to Art. 7 of the Constitution of the Russian Federation, “The Russian Federation is a social state, the policy of which is aimed at creating conditions that ensure a decent life and free development of people. .. In the Russian Federation, the labor and health of people are protected..” The establishment in legal norms of normal working hours (according to academician I.M. Sechenov, for the normal functioning of the body, 8 hours of work, 8 hours of rest and 8 hours of sleep) contributes to the implementation of the constitutional policy of the Russian state, and also allows: to ensure health protection employee, contribute to his longevity; obtain from each worker a socially necessary measure of labor; increase the cultural and technical level of the employee, study on the job, develop one’s personality, which, in turn, helps to increase working hours.

It should be noted that in order to ensure the fulfillment of these goals, in addition to fixing the maximum duration of working time, it is necessary to regulate the order and methods of distributing working time within a day, week or other calendar period; rules for using working time; working hours, etc.

All of the above reflects the high importance of legal regulation of working time, as a factor contributing to the implementation of certain constitutional provisions, in particular, the creation of conditions for a decent life and free development of people, ensuring labor protection and health of people; as well as Russia fulfilling its function as a social state.

Compliance with labor law regulations on working time and rest time is the responsibility of both the employer and employees. Employees are required to use all working time for productive work, and the employer is required to provide all the necessary conditions for this and organize work in such a way that the rights of employees to rest and labor protection are not violated.

In the Labor Code of the Russian Federation, Section 4 is devoted to the regulation of working time. It incorporates the main provisions of Chapter 4 of the Labor Code. At the same time, some new nuances and accents have appeared. Thus, there is a distinction (Article 97) of two types of work outside the normal working hours: at the initiative of the employee (part-time work, which according to the Code can be not only external, but also internal), and at the initiative of the employer (overtime work). The Code identified those cases in which the employer himself has the right to decide on overtime work (Article 99). This list includes work, the implementation of which requires an immediate decision, otherwise serious consequences are possible. That is, we are talking about situations where there is no time for any approvals. In this case, the written consent of the employee involved in overtime work is required. In other cases, involvement in overtime work is permitted with the written consent of the employee and taking into account the opinion of the elected trade union body of the organization. At the same time, existing restrictions on the duration of overtime work are retained. In addition, the legislator prohibited internal part-time work in the employee’s main position.

The new Code legalized (Article 102) work in flexible working hours. Under this regime, the beginning, end or total duration of the working day is determined by agreement of the parties.

The Code categorically prohibits (Article 113) (except for specially specified cases) work not only on weekends, but also on non-working holidays. Moreover, in these cases, employment on weekends and non-working holidays is permitted with the written consent of the employee and taking into account the opinion of the elected trade union body of the organization.

The new Labor Code introduced an article on irregular working hours. In addition, the length of the working day was reduced from 6 to 5 hours with a six-day work week on the eve of the day off.

The new Labor Code of the Russian Federation uses a new procedure for calculating reduced working hours.

In addition to the general concept of working time, the legislation distinguishes by duration into such types as normal, shortened, and part-time. The first two types are established by legislation and on its basis by a collective and labor agreement, part-time work - by the parties to an employment contract when hiring or subsequently. These three types of working time are normalized working time.

The main norm of working hours under the current legislation is the working week, which is understood as the length of working hours in hours during a 7-day calendar week. The establishment of a weekly norm of working hours is due to the fact that the labor legislation provides for two types of working week: 5-day and 6-day.

Normal working hours an employee cannot exceed 40 hours per week (both with a five- and a six-day working week). The vast majority of our employees have normal working hours in accordance with the Labor Code. In addition, it is necessary to note the ratification by Russia of the ILO Convention 47 “On the reduction of working hours to 40 hours a week”, according to which each member of the ILO that ratified this Convention declared its approval of the principle of a forty-hour working week.

For some categories of workers, abbreviated duration of working hours. Unlike the previous Labor Code, in which the duration of the norms of reduced working hours was determined by indicating the maximum number of working hours per week, Art. 92 of the Labor Code of the Russian Federation, a different approach was chosen - it indicates the number of hours by which the normal working hours are reduced for the categories of workers indicated in it. Thus, the duration of the reduced working time is made dependent on the duration of the normal one.

This thesis is devoted to the topic of legal regulation of working hours.

The relevance of research is determined by the fact that the rational use of working time is of great importance right now, in the conditions of the development of market relations and the complication of economic ties, with the need to increase the scale of production. The importance of every hour, every minute of working time, and strict adherence to internal labor regulations is increasing.

When using working time, working hours are of great importance. The growth of work productivity and production intensity depends on how correctly and rationally the enterprise alternates between work and rest.

Degree of knowledge this issue is quite high. Aleksandrov N. G., Andreev V. S., Voevodenko N. K., Gintsburg L. Ya., Zaikin A. D., Ivanov S. A., Ivankina T. V. , Kondratiev R. I., Korshunov Yu. P., Livshits R. 3., Martirosyan E. and many others.

The work uses various bibliographic sources, including the works of the above-mentioned scientists, regulations and other legal publications.

Subject of study is the labor legislation of the Russian Federation in the field of regulation of working hours, and object– operating mode at the enterprise “High Thermal Technologies” LLC.

The purpose of writing this work– get acquainted with the theoretical provisions of the legal regulation of the working day and, on their basis, conduct a comparative analysis of the daily work schedule with normal working hours, making a number of proposals to combat overtime at the enterprise.

Based on the purpose of the work, we are faced with next tasks:

Consider the legal regulation of working time in retrospect,

Describe the concept and types of working time,

Describe the types of working hours, methods of recording working time,

Determine the features of legal regulation of the “daily” operating mode

Draw up shift schedules using the example of a specific enterprise, taking into account legal norms, and suggest ways to eliminate problems associated with multi-shift work.

When writing a thesis, the method of analysis and synthesis is used: first, disparate legal and literary sources are analyzed, information from which is synthesized to draw conclusions and form hypotheses.

The entire work consists of an introduction, three chapters, a conclusion and appendices. A bibliographic list is also attached at the end. The structure of the work includes a transition from theoretical to practical sections, with a gradual disclosure of all aspects of the study on the topic “Legal regulation of working hours.”

Chapter I. Working hours

1.1. Legal regulation of working time: history and modernity

Legal regulation of working time arose relatively recently, and the concept of working time itself was absent until the 19th century, since the nature of industrial relations and the legislative structure of many European countries during the formation of industry did not provide for the regulation and protection of workers' labor.

Our country was no exception. Some regulation of working hours was introduced by the decree of Peter I of April 5, 1722. Paragraph 32 of Chapter XII of this decree stated that in the period from March 10 to September 10, one should ring the bell for work in the morning an hour before sunrise, and in the evening from work - an hour after sunset according to the calendar (i.e., ring the bell in the morning at 4.5 o’clock, and in the evening at 7 o’clock).

The working day in the Russian Empire in the second half of the 19th century lasted 12-13 hours, and in many enterprises it lasted 15-16 hours. Capitalists, at their own discretion, set terms of employment, length of working hours and wages. Only in the 90s. Under the influence of the mass strike movement, the government turned to regulating relations between workers and factory owners through the adoption of factory labor legislation, mainly the Russian Factory Laws of 1886 and 1897.

On March 31, 1861, the provisional "Regulations on the Hiring of Workers" were approved. However, these rules mainly concerned the payment and treatment of workers rather than regulation of working hours.

The crisis of overproduction, which began in the Russian Empire in the winter of 1880-1881, significantly worsened the living and working conditions of workers. In this regard, the workers' protest acquired the features of a strike struggle of unprecedented proportions and forced the government to revise labor legislation, which was reflected in the work on the creation of factory labor laws. At the beginning of 1882 there were four ministers; Internal Affairs, Finance, Justice and Public Education submitted a draft law, which was approved by the emperor on June 1, 1882. This first of the later factory labor laws was called “On minors working in factories, factories and manufactories.”

This law contained, among other things, the following provisions:

1) children of both sexes who have not reached the age of 12 are not allowed to work;

2) adolescents aged 12 to 15 years should not work more than 8 hours a day, not including the time required for breakfast, lunch, dinner, school attendance and rest, and only between 5 a.m. and 9 p.m.;

4) the owners of enterprises were obliged to provide young workers with the opportunity to attend school;

Since many of the provisions of the law of June 1, 1882 were unclear and undefined, on February 26, 1885, “Rules for factory owners and instructions for factory inspectors” were published, designed to clarify the content of the said law, including regarding the regulation of working hours.

The Morozov strike of 1885 significantly influenced the further development of factory legislation. In June 1885, the law “On the prohibition of night work for minors and women in factories, factories and manufactories” was approved. The law contained only two articles with the following content:

1) “To prohibit, as an experience for three years, beginning October 1, 1885, for women and adolescents who have not reached 17 years of age, night work in cotton, linen, and woolen mills, by granting to the Ministry of Finance, in mutual agreement with the Minister internal affairs, the possibility of extending this measure to other industrial establishments with a warning to factory owners by the time of normal hiring of workers,”

2) “Give the Minister of Finance, in agreement with the Minister of Internal Affairs, the opportunity to subject the issue of night work of adolescents and women to comprehensive consideration no later than the three-year period established in the previous article.”

On June 3, 1886, the “Rules on the hiring of workers in factories, mills and manufactories” and “Special rules on the mutual relations of factory owners and workers” were approved. These regulations, first of all, provided for the conclusion of a rental agreement with the recording of its terms in a pay book approved by the factory inspection, which received the right to approve internal rules, including work schedules, at enterprises that were subject to its control.

Although in many respects the Rules of June 3, 1886 were declarative, their adoption provided a certain order in the regulation of working time. But it should be noted that the norms introduced by factory legislation did not apply to the entire territory of the Russian Empire. The rules of June 3, 1886 applied only to the St. Petersburg, Moscow and Vladimir provinces, in 1891-1894 - to another 15 provinces, and only in 1899 - to mining areas.

In the 80-90s of the 19th century, during the period of counter-reforms, workers' rights enshrined in factory and labor legislation were noticeably curtailed. Thus, on April 24, 1890, the State Council adopted a resolution on amendments and additions to the relevant articles of the laws of June 1, 1882 and June 3, 1885. This resolution replaced both of these laws, combining them into one legislative act and replacing the former norms in the most significant points. There was, in particular, an expanded scope of application of child labor by allowing the work of minors (under 12 years old) up to 6 hours and night work of children (12-15 years old) up to 9 hours in cases where this “is considered useful.”

A new powerful wave of the labor movement in the 90s of the 19th century forced the tsarist government to again turn to adjusting factory and labor legislation. This time, on June 2, 1897, the law “On the duration and distribution of working time in industrial establishments” was adopted, which came into force in November 189.

The law limited the working day in the factory and mining industries to 11.5 hours, and the working hours of artisans and military workers to 10 hours and established mandatory Sunday and holiday rest.

The work of minors (under 12 years old) was prohibited. Overtime was limited to 120 hours per year (this provision, however, came with a caveat). At the same time, the circular of the Ministry of Internal Affairs of August 12, 1897 strengthened penalties for unauthorized leaving work before the end of the employment period and for strikes. Although this law was not always implemented due to the unfair work of factory inspectors, it laid the foundation for the legal regulation of working time based on the physiological capabilities of a person.

The February Revolution in Russia in 1917 did not resolve the issue of limiting the length of the working day. The activities of the Provisional Government to introduce an eight-hour working day boiled down to the fact that a special committee of the Ministry of Labor only discussed, without any practical action, the question of the procedure for creating such legislation.

After the Bolshevik revolution, the first legislative act on work was the decree of October 29 (November 11), 1917, “On the eight-hour working day.” On the tenth anniversary of the October Revolution, the USSR Central Executive Committee, in its manifesto of October 15, 1927, decided to ensure, over the coming years, a transition from an eight-hour to a seven-hour working day for industrial workers without reducing their wages.

In development of this manifesto, the Central Executive Committee and the RNK of the USSR in January 1929 adopted a resolution “On the seven-hour working day”, by which the vast majority of workers in manufacturing enterprises were gradually transferred to a seven-hour working day. A six-day week was introduced - a five-day work week with one day off. The working week was actually set at 35 hours. Every sixth day - the 6th, 12th, 18th and 24th of each month, regardless of what day of the week they fell on, were declared days off.

However, due to the tension of the international situation, by the decree of the Presidium of the Supreme Soviet of the USSR of June 26, 1940 “On the transition to an eight-hour working day, to a seven-day working week and on the prohibition of the unauthorized departure of workers and employees from enterprises and institutions,” the transition to an eight-hour working day was again made day. The length of the working day from seven hours was increased to eight, that is, to the previous Soviet standard, the working week was set at 48 hours with six working days with one day off on Sunday.

In 1956, the Soviet Union, together with its constituent Republics, ratified Convention No. 47 “On the reduction of working hours to 40 hours a week”, and this Convention entered into force. A new stage of reducing working hours began, which in Russia was completed in 1972 with the adoption of the New Labor Code.

According to Art. 41 standardization of working hours for all workers and employees is carried out by the state with the participation of trade unions. Standards for working hours cannot be changed by agreement between the administration of an enterprise, institution, organization with the trade union committee of the enterprise, institution, organization or with workers and employees, unless otherwise provided by law.

The normal working hours of workers and employees at enterprises, institutions, and organizations cannot exceed 41 hours per week. For workers and employees under eighteen years of age, reduced working hours are established: at the age of 16 to 18 years - 36 hours per week, and at the age of 15 to 16 years - 24 hours per week.

On September 25, 1992, the Labor Code of the RSFSR was renamed into the Labor Code of the Russian Federation. There have been no fundamental changes regarding employee working hours, but this law establishes a 40-hour work week.

The legal basis for working time today is Part 5 of Article 37 of the Constitution of the Russian Federation, which stipulates that everyone has the right to rest. A person working under an employment contract is guaranteed the length of working hours established by federal law, weekends and holidays, and paid annual leave. Also, working hours in the Russian Federation are currently regulated by the Labor Code of the Russian Federation.

Working time is a meaningful concept. As an economic concept, working time is a part of the individual participation of workers in the overall work. The size of the socially necessary contribution (measure) of labor at each stage of historical development is determined by socio-economic and political factors. The measure of labor regulated by law acquires a legal form and becomes a legally binding standard for the duration of work of workers and employees.

Therefore, working time becomes the subject of legal regulation only when it acts as a measure of labor, the content of labor relations. For example, the time and schedule of work in a private household (for example, the work of an artisan, freelancer), as well as the time of work, which acts as a means of fulfilling obligations in civil property relations, is not regulated by law.

The norm of working hours established by the state is a legal part of the socially necessary work that every worker and employee must perform.

The norm of working time serves as a means of labor protection due to the fact that it combines the needs of society with the socio-physiological needs of the individual, is mandatory, is actually provided and, as a rule, is accurately implemented. The norm of working time is inherent in the principle of reality, the legal guarantees of which are the maximum restriction of overtime work and responsibility for their illegal conduct, state supervision and public control over compliance with the legislation on working hours and rest time.

Thus, in the labor law of Russia, the norm of working time (the corresponding working day, working week) acts both as a socially necessary and as an obligatory part of the participation of workers and employees in the creation of a social product.

The legal form of fixing the measure of the duration of work and the method of legal regulation of working time in the broadest sense is the law. At the same time, regulatory agreements play an important role in regulating the distribution and accounting of working time. The internal labor regulations of individual enterprises establish the working day, the schedule of changes, the procedure for recording working time and other important elements of the working time regime. A sign of working time is that a worker or employee, due to the duties that arise from the employment legal relationship, must perform his job function or other work that is assigned to him.

As an exception, the worker is also given certain periods of time during which the worker is free from performing his job duties, but he is paid wages for this time. Such periods are directly indicated in the law and are included in working hours (breaks for women in case of feeding a child, for loaders, breaks for heating in the cold seasons, etc.).

So, working time is the time during which a worker or employee, according to internal labor regulations, must be at the place of work and perform his job function or other duties assigned to him.

The legislation divides working time into separate types. There are two main types of working time. These are, firstly, standardized working hours and, secondly, irregular working hours.

In turn, normalized working hours are divided into:

1) normal working hours,

2) reduced working hours,

3) part-time work.

The normal working hours of employees cannot exceed 40 hours per week (Article 91 of the Labor Code of the Russian Federation). This norm cannot be increased by either collective or labor agreements, including contracts. At the same time, enterprises and organizations, when concluding a collective agreement, may establish a lower standard of working hours than 40 hours.

The owner has the right to demand from the employee the performance of labor duties during working hours, as well as compliance by the employee with the rules of internal labor regulations. Violation of these duties by the employee, including with regard to the length of working hours, entails disciplinary liability of the employee, as well as other measures of influence provided for by the legislation on work, the collective agreement and other regulations (in particular, deprivation of the bonus in whole or in part, in case of application of the system remuneration, which includes bonuses).

The obligation of the employee to work during the established working hours includes the obligation to comply with the working hours provided for by law, local regulations, and the employment contract. Violation of the working time regime cannot be compensated by any achievements in work and may lead to the application of disciplinary measures.

At the same time, it should be borne in mind that if an employee enters into an employment relationship with several owners, then the duration of his working time in total may exceed 40 hours.

Shortened working hours mean that the time during which the employee must perform work duties is reduced, but the employee has the right to be paid in the amount of the full tariff rate and full salary. Shortened working hours are usually established by law. Reduced working hours are established for workers aged from 16 to 18 years - 35 hours per week, for persons aged from 15 to 16 years (students aged from 14 to 15 years who work during holidays) - 24 hours a week. The working hours of students who work during the academic year during free time from training cannot exceed half of the maximum working hours provided for persons of the corresponding age.

A reduced working time is established for workers employed in hazardous working conditions - no more than 36 hours a week. The list of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to reduced working hours, is approved in the manner prescribed by law.

Reduced working hours of 6 hours per day (35 hours per week) are established for disabled people of groups I and II working in enterprises, workshops and areas intended for the use of the work of these persons, if they do not enjoy the right to receive other benefits.

Part-time working time differs from short-time working time in the amount of remuneration. For normal or reduced working hours worked, the employee, at an hourly wage, is paid the full tariff rate established in the appropriate manner (official salary). In case of part-time work, if an hourly form of remuneration is established, the employee is paid the corresponding part of the tariff rate (official salary).

As an exception to the general rule (establishing part-time working hours by agreement of the parties to the employment contract), certain categories of workers are given the right to establish part-time working hours. These are pregnant women, women who have a child under 14 years of age or a disabled child, or are caring for a sick family member according to a medical report. The owner is obliged, at the request of such employees, to establish part-time working hours. Article 93 of the Labor Code of the Russian Federation extends this benefit to parents who raise children without a mother, including in the case of a long stay of the mother in a medical institution, as well as to the guardian (guardians). The owner is obliged, at the request of an employee who has the right to part-time work, to establish working hours of the duration requested by the employee.

In turn, the owner has the right to establish part-time working hours for the employee. In this case, it is imperative to comply with the procedure for changing essential working conditions, which is provided for in Article 74 of the Labor Code of the Russian Federation.

Working hours require a strict regime and consideration of its duration at each individual enterprise. Therefore, in the legal regulation of working time, a special place is occupied by methods for constructing a regime and recording working hours.

A work schedule or working time is a certain order of distribution of time norms, in particular its beginning, end and breaks in work.

The work schedule includes a certain duration of working time for the corresponding period: working week, working day, work shift, division of working time into parts, irregular working hours, night working time, overtime, duty and time recording. All these concepts will be discussed in more detail in the legal aspect in the second section of our work. For now, let’s touch on them to approach the topic of shifts in working mode.

A special type of working time regime is the regime in which summarized recording of working time is introduced. The regime of summarized recording of working hours can be introduced at continuously operating enterprises, institutions and organizations, as well as in individual industries, workshops, sections, departments and in some types of work, where, due to the conditions of production (work), the requirements established by law for this category of workers cannot be observed. daily or weekly working hours.

Overtime work in the case of cumulative recording of working hours is work in excess of the established duration of working hours for the accounting period. According to current legislation, overtime work is generally prohibited. In case of involving employees in overtime work in exceptional cases provided for by law, the maximum norms are established - four hours for two days in a row and 120 hours per year for each employee. Remuneration for overtime work is paid at an increased rate. Employees who have entered into an employment contract with a provision for part-time work cannot be involved in overtime work at all. They can be involved in work beyond the established norm of working hours with the consent of the parties only on the basis of a mutual agreement with payment for work beyond the usual (single) rates.

The working week is the distribution of working time throughout the calendar week. There are two types of workweek: with one and two days off (usually Saturday and Sunday).

A working day is the working time established by law during the day. The duration of daily work at a specific enterprise (institution, organization) is determined by internal labor regulations or shift schedules in the case of shift work.

A work shift is the duration of working hours throughout the day according to the work schedule or schedule. Shift schedules are approved for “daily” shift work throughout the day (s). Shift schedules can be two or three shifts, and in continuously operating enterprises - even four shifts. Shift schedules are provided to employees for review, as a rule, no later than 1 month before they come into force. The transition from one shift to another, as a rule, must be carried out every working week at the hours determined by the shift schedules.

At the start of work, each employee is required to mark his arrival at work, and at the end of the working day (shift) - leaving work in the manner established by the enterprise. In continuously operating production facilities, employees are prohibited from leaving work until their replacement arrives (according to the Typical Internal Labor Regulations).

A special type of working time regime is a work regime with the distribution of the working day into parts. The distribution of the working day into parts is provided for in Article 105 of the Labor Code of the Russian Federation and means the possibility of establishing a break in work for more than two hours. Two hours is the length of a break that allows it to be qualified as a break for food and rest. The division of working time into parts is established for urban transport drivers and livestock workers (feeding, milking cows, etc.). The possibility of dividing the working day into parts is provided for by a number of regulations regulating the issue of working time and rest time in certain areas of the national economy.

From the point of view of the practical application of labor legislation, the most problems arise when regulating working hours with a cumulative account of its duration. As a rule, summarized accounting is used in “daily” shift work mode.

Let's break down in more detail the acceptable standards for the duration of a work shift throughout the day. Shifts can be day, evening or night. The duration of a work shift may coincide with the duration of daily work established by law for certain categories of workers (Article 94 of the Labor Code of the Russian Federation), or it may be more or less than it. The duration of a shift when recording working hours in total should not exceed 12 hours. In accordance with the provisions of labor legislation, the duration of the work shift when working at night is reduced by 1 hour, with the exception of those employees for whom reduced working hours are established. According to Art. 95 of the Labor Code of the Russian Federation on the eve of weekends, the duration of a work shift with a 6-day work week cannot exceed 6 hours. The duration of the work shift on the eve of non-working holidays is also subject to a reduction of 1 hour for both a 5-day and a 6-day working week. This rule does not apply to those employees for whom reduced working hours are established. In cases where a holiday non-working day is preceded by a day off according to the calendar or work schedule, the duration of daily work (shift) before the holiday is not reduced. If in continuously operating organizations and in certain types of work it is impossible to shorten the work shift on the eve of starting days and holidays due to production conditions, additional rest time is provided for overtime on these days or it is paid in the same way as overtime work.

A shift for workers aged 15 to 16 years cannot exceed 5 hours, for minors from 16 to 18 years old - 7 hours, for children aged 14 to 16 years combining work and study - 2.5 hours.

As mentioned above, the working time of employees in the cumulative accounting of working hours is regulated by shift schedules (Articles 103-104 of the Labor Code of the Russian Federation), which are drawn up in advance for the entire accounting period based on the fulfillment of the established norm of working hours for this period. The schedules (or the order on the implementation of a work schedule) indicate: the start, end and duration of daily work (shift), the time of breaks for rest and consumption of food, as well as the time of inter-shift and weekly rest.

Shift schedules are actually a report card for the use of working time, only compiled for the onset of the accounting period and without taking into account some deviations: absenteeism, unplanned vacations, illness, etc.

When drawing up work schedules, the responsible person must undoubtedly take into account: the existing schedule of annual planned vacations, the list of employees who are sick at the time of drawing up the schedule, the list of employees who are on leave in connection with studying at higher educational institutions, as well as the volume of tasks , assigned to the unit by the management of the enterprise.

Every day, the shift schedule is checked by the head of the department with the actual availability of workers and, if necessary, adjusted in order to fulfill planned tasks and comply with the norms and requirements of Russian labor legislation.

Shift schedules are approved by the administration in agreement with the elected trade union body (trade union representative, elected representative of the collective of workers) and are given to each employee for review.

Summarized working time recording is also used when using one of the progressive forms of working time recording - the flexible working time regime, i.e. dividing the working day into parts, which are provided for in Article 105 of the Labor Code of the Russian Federation.

The implementation of a shift work schedule allows, as the load increases, to increase the operating time of the enterprise to 12-24 hours a day. And the number of working days per week can be increased to 7.

There are many options for shift schedules, each of which is formed to solve specific problems. Let's consider three options for shift schedules, the most rational and often used in enterprises when organizing work from 12 to 24 hours a day and from 5 to 7 days a week.

Option 1 is used when it is necessary to solve the problem of optimizing the distribution of labor resources in accordance with intraday load fluctuations. A 2-shift morning-evening schedule is used with the enterprise operating hours from 8.00 to 20.00, from Monday to Friday, with two days off. This is the simplest option; its feature is the period of simultaneous presence of two shifts on the site. Personnel work 8 hours a day with overlapping intervals during peak daily workloads in production (Table 1).

Table 1

Duration of shifts with a two-shift shift schedule

Shift time 8-17

Shift time 8-17

Each employee works 40 hours a week. If the shift size is 10 people, the average monthly resource will be 3520 people/hour.

The schedule for covering intraday peak loads during 2-shift work with a period of simultaneous work of shifts is shown in Fig. 1.

The advantages of a two-shift morning-evening schedule are an increase in the operating time of the enterprise to 16 hours a day. With a shift duration of 8 hours, it is possible to involve personnel in overtime work for 1-2 hours without fear of a significant decrease in productivity and quality of performance.

Picture 1

Schedule for covering intraday peak loads during 2-shift work

The disadvantage of using this schedule is the limited amount of technical resources during the period of simultaneous work of the morning and evening shifts (jobs, handling equipment, etc.).

Option 2 is used to solve the problem of a general increase in the production capacity of the enterprise with a five-day working week. A 3-shift schedule is being introduced to organize round-the-clock work. The staff works in weekly cycles (1st week - morning, 2nd week - evening, 3rd week - night) for 8 hours a day with 2 days off. To transfer shifts and adjust shift tasks, the schedule should provide for half-hour intervals for crossing shifts - shift changes (Table 2).

The employee's weekly workload is 40 hours per week. With a shift size of 10 people, the average monthly resource will be 5280 people/hour. The advantages of a 3-shift schedule are the prompt execution of production tasks by processing the amount of work received the previous day by the night shift, ensuring a continuous production process during a five-day working week, and the ability to use staff after hours. The disadvantage is the need to organize round-the-clock functioning of services that ensure the working conditions of equipment and personnel.

table 2

Length of shifts with a three-shift shift schedule

U - morning shift from 07.30 to 16.00, B - evening shift 15.30 to 24.00, H - night shift - 23.30 to 08.00.

Option 3 is used to solve the problem of maximizing warehouse throughput with a seven-day work week. To do this, a 4-shift schedule is introduced with the organization of two 12-hour periods of work of production shifts during the day day-night. To switch to this schedule, it is necessary to provide for increased rest intervals after the night shift (Table 3).

The average working time per employee is 42 hours per week. With a shift size of 10 people, the average monthly resource will be 7,200 people/hour.

The advantages of a 4-shift schedule are maximum realization of the potential of production capacity, prompt execution of requests and orders due to the night shift processing the volume of orders received during the previous day, as well as the ability to ensure a continuous process of processing the flow of goods or the production process.

The disadvantages are the need to organize round-the-clock operation of services that provide working conditions for equipment and personnel, as well as the lack of a reserve for overtime hours of work for personnel after a 12-hour shift (with the exception of the withdrawal of shifts per day, one day after work on the night shift).

Table 3

Duration of shifts with a four-shift shift schedule

D - day shift from 08.00 to 21.30, H - night shift from 21.00 to 08.30

2.1. Working hours and its legal regulation

The legal form of fixing the measure of the duration of work and the method of legal regulation of working time in the broadest sense is the law. At the same time, local regulations play an important role in regulating the distribution and recording of working time. Since we have already reviewed federal Russian legislation regulating working hours, let’s get acquainted with the functions and types of local legal acts. The main ones are the Employment contract and the internal regulations of the enterprise.

By concluding an employment contract, employees who are members of the relevant team undertake the obligation to perform a certain labor function for the period of time provided for by law, in compliance with internal labor regulations. So, the legal content of working time at the local level is considered to be the duration of working time established by the employment contract and labor regulations.

Internal labor regulations are a local regulatory act that defines the subjective obligation of a worker to perform a labor function during working hours, which are already established by law. The fact that working hours should be determined by law must be emphasized when introducing the concept of working time. Another point of view has been expressed in the literature. So, L.O. Syrovatskaya believes that the expression “established by law” or “on its basis” does not provide grounds for including a particular period of time in the definition of working time, since not all components of working time are established by the legislator. It is absolutely true that the duration of working hours and work shifts is determined by the administration of the enterprise or a body authorized by the administration, together with trade union organizations. But even in this case, it is necessary to adhere to the norms of working hours established by law.

All regulatory legal acts that regulate internal labor regulations can be legally classified into two types: norms of general significance (Labor Code of the Russian Federation, Typical rules of internal labor regulations, etc.) and norms of special purpose, which take into account the specifics of individual areas of the economy, as well as features of the work of certain categories of workers (industry internal labor regulations; statutes on discipline; regulations on discipline of certain categories of workers, etc.).

Among the range of acts that provide legal regulation of internal labor regulations, a special place belongs to the rules of internal labor regulations. They are divided into three types: standard, industry and local.

The current Typical Internal Labor Regulations for workers and employees of enterprises, institutions, and organizations were approved by the Decree of the State Committee for Labor of the USSR and the All-Russian Center for Labor and Trade of the Russian Federation dated July 20, 1984 (Bulletin of the State Committee for Labor of the USSR. - 1984. - No. 11). Now the standard rules are in force to the extent that they do not contradict the Labor Code of the Russian Federation. This is a normative act of general application, which formulates provisions that determine the labor schedule at various enterprises. Industry internal labor regulations are approved by ministries and departments in agreement with the relevant trade union bodies. These acts take into account the specifics of the region regarding work and rest hours. The internal labor regulations at a particular enterprise, institution, or organization are determined by the rules/internal labor regulations, which are approved by labor collectives upon the proposal of the owner or his authorized body and the trade union committee. These rules specify the working hours and rest periods.

In some areas of the national economy, statutes and regulations on discipline apply to certain categories of workers (for example, the Disciplinary Charter of the Prosecutor's Office of the Russian Federation, approved, the Charter on Discipline, etc.).

Regulatory acts of the enterprise regulating working hours serve as the main instrument for protecting the labor rights of the employee. In case of violation of the working hours established by federal legislation, or if it does not comply with the conditions of local regulations, the employee may go to court by referring directly to the Labor, collective agreement and internal regulations.

Depending on the scope of application, working time modes can be divided into general and special modes or, as mentioned earlier, standardized and non-standardized.

Under general working time regimes, the distribution of the norm of working time at which its fulfillment is achieved is carried out over a weekly or other accounting period. General working hours include: a five-day work week and a six-day work week.

The standard working day for a five-day or six-day work week is the same number of hours. The weekly standard of working time established by law is implemented within each calendar week with the full number of working days. In a regime that is based on weekly recording of working hours, daily work hours may vary on different days.

The most common is a five-day work week with two days off on the last days. The working day can last 8 hours daily, or 8 hours 15 minutes daily, with working hours reduced by one hour the day before on a day off.

Article 102 of the Labor Code of the Russian Federation provides for cases of establishing a six-day working week at enterprises.

Special working hours are applied only as an exception to a certain circle of people. The legislative establishment of special working hours is determined by the special conditions and nature of the work, the specifics of the position held, the social function of individuals, etc.

Special working hours include irregular working hours; interrupted working hours; flexible work schedule; watch method of organizing work.

The introduction of irregular working hours for workers does not cancel their right to rest. In addition, it is possible to involve workers in working irregular hours only sporadically, if this is caused by necessity. Therefore, if such a work schedule is systematic or permanent, this will be a clear violation of the Labor Code.

The enterprise must have a list of positions for which irregular working hours are established, indicating a specific number of days of additional leave. In state organizations, the Lists are approved by the Government of the Republic of Belarus or an authorized body: line ministries, republican public administration organizations.

In non-governmental organizations, the list of employees with irregular working hours is approved by order or directive of the employer. The list is attached to the collective agreement.

Employees with irregular working hours most often include heads of functional departments, their deputies, specialists of these departments, employees of departments engaged in business services, their deputies, specialists of all names and categories, other employees (technical performers), and drivers of official passenger cars.

The use of irregular working hours is carried out on the basis of Art. 116 of the Labor Code of the Russian Federation, order of the Ministry of Justice of the Russian Federation dated February 8, 2002 N 33 “On annual paid leave and additional paid leave for irregular working hours of employees of the central apparatus of the Ministry of Justice of Russia.”

Another type of special working time regime is a flexible work schedule. It provides for the right of workers to independently regulate the start, end and total duration of the working day. A prerequisite for the application of such a working time regime is that employees fully work out the total number of working hours established by law during the accounting period - working day, working week, etc.

The elements of a flexible work schedule include: shiftable (flexible) working hours - the beginning and end of working hours; fixed time - time of mandatory presence at work; break time for rest and food; norm of the accounting period.

A flexible work schedule can be used in enterprises with a five-day or six-day work week. It can be installed at the enterprise by agreement between the employer and the employee both when concluding an employment contract and in the process of labor relations.

The next type of special working time regime is the shift method of organizing work. Legal regulation of the introduction and use of this regime is carried out by the “Basic provisions on the watch method of organizing work.”

The shift method of organizing work is being introduced to organize work at those production facilities that are located at a considerable distance from the location of the enterprise or the employee’s place of permanent residence.

The conditions for introducing a shift method of organizing work at an enterprise is a preliminary agreement between the elected body of the primary trade union organization (trade union representative) and the employee.

To monitor compliance with working time standards using the shift method, a summary recording of working time is used. The duration of the accounting period with the shift method of organizing work can be one month, quarter, or year. The accounting period includes the time of work on shift, the time of travel to the place of work and the rest time that falls during this period.

As a general rule, the duration of one shift should not exceed one month; in some cases, with the permission of the ministry and trade union - two months. The norm of daily work with the shift method of organizing the work regime cannot exceed 12 hours.

Due to the extended duration of daily work, and then the workers not using the right to weekly rest, unused periods of rest time accumulate during the shift work method. They are summarized and provided to employees in the form of additional days off from work during the accounting period.

It is prohibited to involve persons under 18 years of age and pregnant women in work on a shift basis; women who have children under 14 years of age, people who have medical contraindications to this type of work.

There are three ways of recording working time: daily - used for a six-day working week of a normalized work schedule; - weekly - used for a five-day working week and summed.

Daily recording of working hours is used in cases where the daily working hours are constant and provide for the calculation of time worked during each day. In case of daily accounting, offset of overtime during one day and shortfalls on other days is not allowed.

If a weekly record of working time is kept, the rule must be followed: within one week, the established duration of working time is observed, and more hours (compared to the norm) may be worked on one day, and less on another. This type of accounting is used for part-time work, as well as for flexible, sliding work schedules.

Irregular working hours, including shift work schedules, require a type of working time recording called total or summed.

In particular, summarized or summarized recording of working time can be used for railway workers, car drivers, employees of operational enterprises of the Ministry of Communications, etc.

The essence of the summarized accounting of working time is that the norm of working time provided for by law must be observed not daily or weekly, but for a longer time - the accounting period (month, quarter, season, year).

To carry out summed accounting, the most optimal period is selected (monthly, quarterly, annual), during which working hours are recorded with the condition that the norm for each worker should not exceed 40 hours.

There is no general legal act that would determine the procedure for applying summary recording of working time. According to Art. 13 of the Law of Ukraine “On Collective Contracts and Agreements” dated May 1, 1999 No. 93 FZ as amended by the Federal Law “On Amendments and Additions to the Law of the Russian Federation “On Collective Contracts and Agreements” dated November 24, 1995 No. 176-FZ in The collective agreement establishes the mutual obligations of the parties, in particular the working hours, working hours and rest.

Therefore, we can say that Russian labor legislation requires detailed standards for summed time recording.

According to Art. 104 of the Labor Code of the Russian Federation, a summary recording of the working time of each employee is carried out according to the report card and the approved work schedule (variability) for the accounting period.

Records of actual time worked must be kept for each employee. For this, standard forms are used:

Time sheet and calculation of wages (form T-12),

Working time sheet (form T-12) (Appendix 1). This form is used if the organization has an automatic system for monitoring attendance and absences at work (turnstile). Samples of forms and instructions for filling them out were approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 4.

The report card is drawn up in one copy by an authorized person. The completed Timesheet is signed by the head of the unit for which it was developed and by a representative of the HR department and transferred to the accounting department, where wages are calculated on its basis.

The working time of employees in the Timesheet can be noted in two ways: by constantly recording attendance and non-attendance at work, and by recording only violations - failure to come to the workplace, overtime, lateness.

Working time and its costs for each day are noted in the Timesheet (form No. T-12 or T-13, columns 4, 6), where two lines are allocated for this: the top one - with the placement of symbols of working time costs and the bottom - for posting information by numbers about hours and minutes of working time, both worked and missed, expressed in the form of working time cost codes.

If an employee’s absence during working hours is recorded for a valid reason - during vacation, illness, during training, then a special code is entered in the top line (Table 4), and the bottom line remains blank.

All information in the Timesheet is entered only on the basis of properly executed documents: certificate of incapacity for work, certificate of fulfillment of state or public duties, etc.

Obviously, the Timesheet must contain the most complete information about the employee’s use of working time.

If necessary, additional columns and lines can be added to the unified form of the Table. In accordance with the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1, it is not allowed to remove individual details from unified forms.

In what cases it is necessary to introduce additional lines or columns in the Timesheet, each organization determines independently.

For example, additional lines are necessary in cases where it is necessary not only to reflect the length of the working day (shift), but also to indicate that a certain part of the working day (shift) was worked at night, overtime.

It is advisable to add additional lines to the Timesheet to reflect the time actually worked by the employee in work with difficult, harmful and (or) dangerous working conditions. In particular, this will help to more accurately determine and confirm the employee’s length of service, which gives him the right to receive additional leave for work under the above conditions.

In the main line of the Timesheet, you can enter the total duration of working hours (i.e., the time during which the employee performed his job duties), and in the additional line - the time spent working in difficult, harmful and (or) dangerous working conditions.

Table 4

Codes of the time sheet according to the T-12 form

Types of working time	The document on the basis of which a mark is made on the report card
		Letter	Digital
Duration of work during the day
Duration of work at night	Shift schedule, order for employment at night
Work on weekends and holidays
Overtime work	Order from the manager regarding recruitment
Business trip	Order on sending on a business trip with the signature of the employee

If necessary, additional symbols may be used to reflect the necessary information in the Table.

For example, the employer has the right to introduce an appropriate designation in order to reflect lateness and leaving work before the end of the working day in the Timesheet. Although, in these cases, it is more logical to simply reflect on the time sheet the number of hours actually worked minus the time missed due to being late for work, etc.

The symbols approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1 also do not include codes for indicating hours worked in irregular working hours. Typical violations when recording working hours:

1. The time sheet is not kept.

2. The time sheet is not kept in the place where the employee actually performs his job duties.

3. The time sheet does not reflect the days the employee is absent from the workplace due to a business trip.

4. The time sheet does not reflect the days of absence from the workplace of an employee who is on vacation.

5. The timesheet “closes” a few days before the end of the month.

6. The time sheet does not reflect the amount of time actually worked by the employee.

3.1. Features of the “daily” operating mode

The “daily” operating mode provides for the distribution of working time among shifts throughout the day. Possible examples of shift work were considered by us in the first chapter of this work. Now let’s conduct a comparative analysis of the shift schedule with a standardized working day.

The normal working hours according to Russian labor legislation is no more than 8 hours a day and no more than 40 hours a week for the main category of workers. The introduction of shifts can increase the working day to 12 hours and change the weekly work schedule. With a shift schedule, in contrast to a standardized work schedule, overtime hours inevitably accumulate, and their number often exceeds 120 hours per year, and this should not be allowed (Article 99 of the Labor Code of the Russian Federation). Therefore, it is necessary to introduce summarized recording of working time (Article 104 of the Labor Code of the Russian Federation). It is also necessary to establish in an enterprise operating in a multi-shift mode an accounting period lasting more than one calendar month (for example, 3 or 6 months), since when drawing up a shift schedule it is difficult to meet the monthly standard of working hours.

If, with normal working hours, the break between working days and weeks is clearly limited in time, then the “daily” mode of work is associated with problems in determining the inter-shift period.

There is no article in the Labor Code of the Russian Federation that directly regulates the duration of rest between shifts. Article 103 of the Labor Code of the Russian Federation establishes only a ban on working for two shifts in a row. When drawing up shift schedules, the management of the enterprise must be guided by the rule that has been established for certain categories of employees: the duration of the rest between shifts must be at least twice the length of the work time in the previous shift. Say, if the shift lasted 6 hours, then the rest between shifts should be at least 12 hours. Such a rule applies, for example, to metro employees (Regulations on the peculiarities of the working hours and rest time of metro employees, approved by order of the Ministry of Transport of Russia dated June 8, 2005 No. 63).

The normal standard work regime provides employees with guaranteed rest on weekends and holidays, and the shift regime provides for work according to the schedule on any day of the week.

Work on a non-working holiday is paid at least twice the amount (Article 153 of the Labor Code of the Russian Federation). Thus, if an employee's work shift falls on a holiday, then this day must be paid to him in double the amount. General days off (Saturdays and Sundays) falling on a shift are not paid at an increased rate, since during shift work days off are provided on other days of the week in accordance with the shift schedule.

Pregnant women and employees under 18 years of age are not allowed to work night shifts (Article 96 of the Labor Code of the Russian Federation).

For violating labor safety standards, a company may face administrative liability: company officials (for example, a manager) may be fined 500-5000 rubles, an entrepreneur may face a fine of 500-5000 rubles, a company may be fined 30,000-50,000 rubles ( Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Before introducing a shift schedule, the head of the company must obtain the opinion of the representative body of workers on this matter, if there is one at the enterprise. If there is a collective agreement, the conditions and procedure for introducing a shift regime must be formalized in the form of Addenda to it. If there is no collective agreement, the provision on shift work is included in the internal labor regulations or published as a separate document. For newly hired employees, provisions on shift work are included in the employment contract. Additional agreements to employment contracts are signed with employees who already work in the company to change their work regime.

Thus, the Moscow company of High Thermal Technologies LLC, which is part of Terma CJSC, one of the largest enterprises in Russia producing heating equipment, has occupied a stable position in the domestic market and the markets of the CIS countries since 1990. Since 1990, the company has operated in a flexible mode. Since the founding of the enterprise, the number of management and technical employees has increased 3 times (from 53 people in 1990 to 152 currently), which is due to an increase in production volumes and technologies used. In 2008, there was a need to switch to 2-shift or 3-shift operating modes, depending on the production site.

The need for a shift schedule at an enterprise is dictated by the economic losses it incurs during a five-day and six-day work week. Therefore, guided by the above legislative standards, the management of High Thermal Technologies LLC developed and began to implement a multi-shift operating plan.

First, an order was issued (Appendix 2) defining the timing and procedure for introducing shift work. Then changes were made to the Internal Labor Regulations, namely, information about which categories of employees such a regime is established for. The daily number of shifts, the number of hours of each shift, the fixed time when the work shift begins and ends, the duration of breaks during work, the sequence of working days and days off, as required by part one of Art. 100 Labor Code of the Russian Federation. Summarized accounting of working time was also introduced, which, as we already know from the theoretical part of the work, is regulated by part three of Art. 104 Labor Code of the Russian Federation. After this, the stage of developing and approving the shift schedule in accordance with the established procedure began.

In practice, when introducing shift work, the company encountered difficulties mainly in developing shift schedules. At the same time, it was necessary to take into account the following legislative standards in order to protect the labor rights of employees in the field of regulating the working regime:

The sum of working hours for an accounting period (month, quarter or three months, half a year, year) (in accordance with Article 104 of the Labor Code of the Russian Federation, the accounting period cannot exceed one year) must be within the normal number of working hours established by law (Article 91, part two of Article 104 of the Labor Code of the Russian Federation);

The duration of daily work (shift) for certain categories of workers should not exceed the duration established by law (Article 94 of the Labor Code of the Russian Federation);

The total number of hours of weekly continuous rest must be at least 42 hours (Article 110 of the Labor Code of the Russian Federation);

Working for two shifts in a row is prohibited (part five of Article 103 of the Labor Code of the Russian Federation);

The duration of the work shift immediately preceding a non-working holiday is reduced by one hour (part one of Article 95 of the Labor Code of the Russian Federation), with the exception of continuously operating organizations and certain types of work where it is impossible to reduce the duration of work (shift) on a pre-holiday day. Overtime in this case is compensated by providing the employee with additional rest time or, with the employee’s consent, payment according to the standards established for overtime work (part two of Article 95 of the Labor Code of the Russian Federation);

Before the weekend, the duration of work with a six-day working week should not be more than five hours (part three of article 95 of the Labor Code of the Russian Federation);

The duration of a shift at night, as a rule, is reduced by one hour without subsequent working off (part two of article 96 of the Labor Code of the Russian Federation).

However, in cases where it is necessary due to working conditions, as well as in shift work with a six-day working week with one day off, the duration of work at night can be equalized with the duration of work during the day. In this case, the list of these works may be determined by a collective agreement, a local normative act (part four of article 96 of the Labor Code of the Russian Federation).

However, when scheduling shifts, when it is not possible to establish a normal number of hours per shift or per accounting period, it is necessary to carefully monitor processing. Since processing in this case will be considered overtime work, it should not exceed 4 hours for each employee for two consecutive days and 120 hours per year (part six of article 99 of the Labor Code of the Russian Federation).

Accounting period specifics

Drawing up shift schedules when working with normal working hours, as a rule, does not cause difficulties. But it's difficult to schedule a continuous job with a total of 10, 12, or 24 hour shifts. Difficulties arose taking into account holidays, non-working holidays, work at night.

Therefore, when summarizing accounting, the schedule was drawn up in such a way that the duration of working time for the accounting period did not exceed the normal number of working hours. The norm of working time for the accounting period should be calculated according to the calculated schedule of a five-day working week with two days off on Saturday and Sunday, based on the following duration of daily work (shift): with a 40-hour working week - 8 hours, on holidays - 7 hours - paragraph 2 of the Clarification of the Ministry of Labor of Russia dated December 29, 1992 No. 5.

Example. Employees of the dispatching service of High Thermal Technologies LLC have been set a shift mode of operation with a summarized accounting of working hours (recording period - a quarter). The senior dispatcher Lyudmila K. worked according to the schedule for the II quarter of 2008 493 hours (at a rate of 493): April - 168 hours (at a rate of 175); May – 168 hours (the norm is 159); June - 157 hours (at a rate of 159).

In this example, despite the fact that in each month of the accounting period the norm of hours was not observed, in general, during the accounting period, the employee was kept normal working hours. However, this is extremely rare. With a summarized accounting of working time, the length of working time usually fluctuates up or down (it can be both processing and underworking).

So, scheduling shifts in practice turns out to be quite a difficult task, because the heads of enterprises and departments face not only legal problems, but also practical problems. At the moment in Russia there is no correct generally accepted methodology for drawing up shift schedules, especially for multi-shift work with a “floating” flexible mode. There are practically no ways to effectively combat overtime or compensate for it, or rational ways to make adjustments in the event of employee illness. This task relates not so much to the field of jurisprudence, but to the field of exact sciences, mathematics and computer science.

The fact is that mathematicians began to deal with the issues of constructing schedules (in our terminology, work schedules) relatively recently. It wasn't until 1967 that the world's first book on scheduling theory was published in the United States. In our country, it came out in translation in 1975 - Conway R.V., Maxwell V.L., Miller L.V. Scheduling theory. - M.: Nauka, 1975.

In addition to this book, another translated book and one domestic one were published in our country in 1984. Recently, two books by Belarusian authors have been published. But publications of this kind are intended exclusively for mathematicians, not even the highest, but the highest qualifications, who are mainly interested in obtaining purely theoretical results.

In addition, over the past decades, the theory of complex computer programs and algorithms for creating shift schedules has been developed: Gary M., Johnson D. Computers and intractable problems. - M.: Mir, 1982. But it is difficult for enterprise managers to master and requires the introduction of an additional staff unit - a programming specialist, which is not always advisable.

Possible solutions to this problem are the use of automation programs for planning and recording working time or the use of simple techniques (Geig I.V. Standardization and regulations of working time: Educational manual. - M., 2002, Borodina V.V. Labor regulation: Educational and practical manual. - M.: Gorodets, 2005. - 192 pp.) given in chapter one and experimental developments obtained earlier.

Computer software for creating shift schedules at enterprises is usually part of the so-called Enterprise Resource Planning (ERP) systems. But upon careful study of these proposals (ERP systems), it turns out that instead of calculating (building) graphs, they offer nothing more than specialized text editors for designing these graphs.

It should also be taken into account that the methodology for constructing a shift work schedule and flexible work are not identical, although often these work modes are mistakenly combined into a single whole, even in legal sources.

In part one of Art. 100 of the Labor Code of the Russian Federation states that a working week with days off is possible according to a sliding schedule. Other articles of the Labor Code of the Russian Federation talk about working in flexible working hours (Article 102 of the Labor Code of the Russian Federation) and shift work (Article 103 of the Labor Code of the Russian Federation). Often, flexible working hours and a sliding schedule are used as synonyms: for example, Resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated June 6, 1984 No. 1701/10-101 “On approval of the Regulations on the procedure and conditions for the application of a sliding (flexible) work schedule for women, having children"; as well as Decree of the State Committee for Labor of the USSR No. 162 and the Secretariat of the All-Union Central Council of Trade Unions No. 12-5 dated May 30, 1985 “On the Approval of Recommendations for the Application of Flexible Working Time Modes at Enterprises, Institutions and Organizations of the National Economy Sectors”. In the latter, paragraph 1.4 provides that the main element of the flexible working time regime is sliding (flexible) schedules. The Labor Code mentions rolling schedules only in the context of Article 100 of the Labor Code of the Russian Federation; there is no independent article on this matter. Article 111 of the Labor Code of the Russian Federation, which regulates the granting of days off, is also important for answering the question about flexible and shift working hours. The flexible working time regime (hereinafter referred to as the GDV regime) is a form of labor organization in which self-regulation of the beginning, end and total duration of the working day is allowed. At the same time, full working out of the norm of working hours for the accounting period is required - a working day, week, month, etc. The constituent elements of the GDV are: at your own discretion; - "fixed time" - the time of mandatory stay at work, this is the main part of the working day; - "break for rest and meals", which usually divides a fixed time into two approximately equal parts; - “duration of the accounting period”, which determines the calendar time (week, month, etc.) during which everyone must work out the established norm of working hours. The GDV regime is established by agreement of the parties to the employment contract, GDV schedules are used. What can happen to weekends in GDV mode?

The GDV regime does not usually exist on its own. It seems to be included in the main types of the working week: a five- and six-day work week with the provision of days off on a sliding schedule, and therefore days off are provided according to general rules. That is, if we are talking about a five-day working week, then two days off should be provided, with the general day off being Sunday (Article 111 of the Labor Code of the Russian Federation). Shift work is work in two, three or four shifts per day. It is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as for the purpose of more efficient use of equipment, increasing the volume of products or services provided (Part 1 of Article 103 of the Labor Code of the Russian Federation). During shift work, each group of workers must perform work during the established working hours in accordance with the shift schedule. For example, clinics operating from 8:00 to 20:00 introduce two shifts for doctors: morning (for example, from 8:00 to 16:00) and evening (for example, from 12:00 to 20:00). If at the same time, during shift work, the summarized accounting of working time is also applied, then the duration of the shift may exceed the normal one and be 10, 12 hours. In the latter case, the days off are shifted, provided according to the shift schedule and may not coincide with the generally established calendar days off. This is allowed by part 3 of Art. 111 of the Labor Code of the Russian Federation: in organizations in which the suspension of work on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week in turn to each group of employees in accordance with the internal labor regulations of the organization. It seems that a third option is also possible - a sliding shift schedule, that is, a working week with the provision of days off according to a special schedule. Therefore, it is important not to confuse the "sliding", "flexible" shift schedule with flexible working hours.

There are several approaches to creating a shift schedule.

1. Depending on the structure of the enterprise

The entire composition of employees of various production zones and sections working in the same time interval is considered to be one shift. Shift change is carried out in all areas of the enterprise simultaneously or with a slight temporary shift. Such formation of shifts simplifies dispatching and control over the work of the enterprise as a whole.

The enterprise creates several shifts based on functional characteristics. The selection of the composition, number of shifts and employees in them is individual for each type of work and allows you to more accurately adjust to the load schedules at the sites.

2. Depending on the profile of the work performed

Each shift is assigned to a specific zone and is involved in performing only a certain type of operation. The shifts are narrowly professional, which allows for maximum productivity on the sites.

Shift employees are involved in different jobs according to the schedule. This method is used if there is no need to increase the time of work in the zone. The similarity of processes and requirements for personnel qualification allows the use of universal shifts. The method makes it possible to flexibly redistribute the labor resource between sections in accordance with changes in the load.

3. Depending on the duration of the load

Shift work is permanent, with a uniform increase in the number of shifts and/or their composition. Such formation of shifts is possible with a relatively uniform increase in the load on the enterprise during the year, a high level of planning and early implementation of measures to prevent the occurrence of peak loads in production.

The shift schedule is determined by external factors that are cyclical or episodic. In this case, the main task is to cover load peaks by increasing the number and / or density of shifts (reducing rest intervals), with a mandatory subsequent return to the usual schedule.

In the economic justification for choosing a shift schedule, as a rule, the following factors are taken into account:

Equipment of the zone, workshop, department for which the schedule is being drawn up;

Number of employees (N workers);

Shift duration (T shift) – 8.10 or 12 hours;

Productivity of one employee (q worker);

Salary (p) - y. e./h;

Payment for “overtime” (r overtime) - y. e/h (coefficient - 1.5).

Using this data, average daily labor costs are calculated.

Thus, at the High Thermal Technologies LLC enterprise, a two-shift working hours regime was introduced in the electric boiler manufacturing shop (Appendix 3-4). It was chosen based on the principle of focusing on the duration of the load. The shift for each group of workers was 12 hours, which was consistent with the legislative norm; two “floating” days off per week were designed. The total working time per month varies from 176 to 184 hours, which exceeds the norm established by Russian labor law, therefore, at the High Thermal Technologies LLC enterprise, a number of measures are simultaneously being carried out aimed at combating overtime, which will be discussed in the last section of our work .

In the process of drawing up shift schedules for workshops, preparatory measures were also carried out:

1. Breaking down the entire process of work in the shops into operations.

2. Selection of normalized operations, for example:

Reconciliation of documents with the actual arrival of components;

Unloading spare parts;

Input of receipt;

Moving to the storage area;

Carrying out, if necessary, barcoding;

Order collection;

Reconciliation of the collected order and accompanying documents;

Loading;

Control of loaded goods.

3. Carrying out timing of operations and determining either hourly output or time spent on a certain amount of work.

4. Determination of the preparatory and final time for operations.

5. Determination of effective work time - either a percentage of the total working time, or a work efficiency coefficient (Coeff.< 1; - 0,93 является приемлемым).

6. Selection of non-standardized operations; as a rule, they occupy from 15 to 40% of effective working time. In the case of using a time-bonus wage system when determining the salary level, it is this percentage that can be taken as the basis for the constant part of the salary.

7. Determination of the turnover of components and assembled boilers: average daily, weekly, monthly, quarterly.

8. Determining the number of personnel for each operation. For example, on average, 10,000 products should be assembled per month. The time spent by a picker on 1 average product is 1 hour. The standard working time per month is 170 hours, so 1 picker is theoretically capable of assembling 170 products per month. We calculate the required number of pickers:

10 000: 170 = 58,8

Let's take Coeff. = 0.95

The result was that 62 people were needed. It is this number of people for this case that will have to be divided into shifts, taking into account the work schedule of the workshop and peak load times on certain days and hours. You should also be aware of the possibility of sudden incapacity for employees. As a rule, 5 reserve pickers are provided for this purpose.

9. Determination of the degree of unevenness of work during the day. Based on this, operational groups or employees who come to work at a different time from other shifts are identified. You can use a reserve that is mobile between shifts. As a rule, these should be workers who know not one, but several production operations. When paid on a time basis, their salary is higher than the most skilled work they will have to perform. Experience shows that properly selected reserve personnel pays for the costs of their maintenance.

After the shift schedule was drawn up, its draft was sent to the representative body of workers to take into account the opinion (part three of Article 103 of the Labor Code of the Russian Federation). After carrying out all the necessary procedures, the document was submitted for approval by the head of the organization in the form of an approval stamp or by issuing an administrative document (for example, an order). After approval, the shift schedule was brought to the attention of employees, no later than a month before it came into effect (part four of Article 103 of the Labor Code of the Russian Federation).

However, after the introduction of a shift schedule at the enterprise, a number of problems were discovered that were characteristic of the “daily” operating mode, which will be discussed in more detail in the next section of the thesis.

Note that a multi-shift operating mode and the task of constructing shift work schedules for a multi-shift operating mode are closely related to at least four more problems:

How to avoid overtime while meeting the working week standards under Russian law;

How to distribute working time when staffing is incomplete, avoiding overtime;

How to combine (match, balance) a monthly production task with drawing up a staff work schedule;

In the same way, closely related to the task under consideration are the so-called task of “drawing up (constructing, planning, forming) vacation schedules” and the task of “determining requirements for personnel.”

In international practice, “flexible” and “sliding” shift schedules are becoming increasingly popular as a measure to combat overtime.

In the conditions of the Russian labor market, the most effective method of monitoring the shift schedule at an enterprise is the constant adjustment of shift schedules, weekly or monthly. But in this regard, a contradiction arises with the legislative rule that workers must receive information in advance about changes to the shift schedule. Therefore, in this case, from a legal point of view, the employer needs to attract workers on the basis of overtime work.

It is also important to draw up shift schedules not for the entire enterprise, but for each individual division and workshop, taking into account the specifics of production processes.

If individual employees are unable to work, in order to maintain normal work, the administration has to resort to overtime work, and although their number should be minimal, they still occur.

Cases when an employer can involve an employee in overtime work are listed in Art. 99 Labor Code of the Russian Federation.

When calculating wages each month, you need to take into account the number of hours actually worked by employees for that month. Each hour of work is paid at a single rate, and work in a shift beyond the established duration is paid as overtime. With a summarized accounting of working time, the issue of payment for overtime work will be resolved after summing up the results of the accounting period and identifying the number of hours of overtime work (the difference between the actual and established number of working hours).

Payment for overtime work is made in accordance with: for the first two hours - no less than one and a half times the rate, for subsequent hours - no less than double the rate. Specific amounts of overtime pay can and should be determined by a collective agreement, local regulations or employment contract. At the request of the employee, instead of increased pay for overtime work, he may be given additional rest time, but not less than the time worked overtime.

In particular, if a replacement employee fails to appear in a case where the work does not allow a break, the employer may involve the employee who worked the shift, with his written consent, to work overtime. In this case, the employer is obliged to immediately take measures to replace him. Such measures must be taken by him before the expiration of the time limit established in Part 6 (4 hours of overtime work for two shifts in a row). After the expiration of this norm, the employee has the right to stop working if the employer fails to fulfill the obligation to replace him.

In accordance with Article 99 of the Labor Code of the Russian Federation, engaging an employee to work outside the established working hours in the cases specified in this article is possible only with his written consent. Therefore, if the employee does not give written consent, then he cannot be involved in overtime work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, communications, and in other cases listed in the Labor Code of the Russian Federation, which are extraordinary character.

Such a solution to the issue does not meet the interests of production and, ultimately, the interests of the workers themselves, since the organization suffers irreparable losses that negatively affect all its indicators, including wages. It is probably necessary to restore the provision of the Labor Code of the Russian Federation, which gives the employer the right to use overtime work in exceptional cases provided for by the Labor Code of the Russian Federation, regardless of the employee’s consent.

In extreme cases, when you need to increase the working day to a maximum of 12 hours, you can follow a certain procedure for attracting staff to overtime work. Firstly, an employee cannot work more than 4 hours a day for two days in a row and 120 hours a year (Article 99 of the Labor Code of the Russian Federation). Secondly, overtime work must be paid additionally - for the first two hours of work, no less than one and a half times the amount, for subsequent hours - no less than double the amount (Article 152 of the Labor Code of the Russian Federation).

The issue can be resolved by concluding two employment contracts with the employee for the same positions. One about working at the main place of work, and one more about part-time work. In fact, such an employee will work 12 hours a day (8 hours at the main place of work and 4 part-time). This will save money because the additional hours worked will not be considered overtime.

The fight against overtime should also focus on the introduction of daily labor registration. With summarized labor accounting, you can send workers who have overtime on scheduled vacations or at their own expense, since when going on vacation, working days that should have been taken are excluded from the working time norm. Those. if the norm is 160, and the employee is on vacation for 5 days, then for him the norm for the month is 120 hours.

Also, to eliminate overtime, in the case of total recording of working time, it is necessary to establish a longer reporting period, preferably a year. As a rule, in this case the norm will be balanced.

Also, the tendency to overwork is determined by the specific type of shift schedule. With a work schedule of “every three days”, it is indeed not possible to comply with the weekly working hours. Therefore, you should not proceed from weekly working hours, but use summarized recording of working hours.

To do this, you must first determine the accounting period. This could be a month, a quarter (Article 104 of the Labor Code of the Russian Federation). Although, in our opinion, with this mode of operation it is advisable to take a longer period (for example, a year) as an accounting period.

Then, in order not to include overtime in the schedule, we calculate the number of shifts that fall (on average) per employee: 1987 hours: 24 hours = 82.79, where 1987 hours is the standard number of hours for a 40-hour work week in 2009 year; 24 hours – duration of one shift.

The next question arises about the number of employees involved.

If we assume that only four people will be involved in working according to the “every three days” schedule, then initially each of them in the accounting period under consideration (year) will be assigned significant overtime (an average of 8.46 shifts), which will amount to 203.04 hours (8.46 shifts x 24 hours).

It is unacceptable. Firstly, such a work schedule initially does not comply with the provisions of Article 104 of the Labor Code, according to which, with the introduction of summarized recording of working time (with the “every three days” schedule, as we said above, it is the summarized recording that is kept). Secondly, it will lead to a violation of Article 99 of the Labor Code. After all, if an employee works more than the established norm during the accounting period, then this time will be considered overtime work. And overtime work for each employee should not exceed 120 hours per year. When recording working hours in total, the accounting period cannot exceed one year (Article 104 of the Labor Code of the Russian Federation).

Thus, in order to ensure round-the-clock operation (without overtime!) the shift schedule should be drawn up taking into account the fact that at least five people should participate in the process of protecting the facility.

So, we smoothly moved on to the problem of calculating the required number of specialists in the "daily" mode of operation.

In general, in order to ensure that an employee is constantly at one of the workplaces throughout the day during the calendar year, 4.38 positions are required per workplace (366 calendar days x 24 hours a day / 2004 hours of work in day, where 2004 is the norm of working hours according to the production calendar sheet for 2004).

With reduced working hours, this value may be different. So, with a 36-hour working week, 4.87 positions are needed to fill one position (366 days x 24 hours / 1803.2, where 1803.2 hours is the norm of working time according to the production schedule sheet for 2004 with 36 hour work week).

Employees enjoy the right to annual paid holidays, and therefore their useful annual fund of working time is lower than in 2004. or 1803.2 hours. With the right to leave lasting 28 calendar days, in the first case, the useful working time fund will be 1844 hours. (2004 hours - (28 days / 7 days x 40 hours)), and in the second - 1659.2 hours. (1803.2 hours - (28 days / 7 days x 36 hours).

Accordingly, the required number of employees to fill one "round-the-clock" position will be even more - 4.76 (366 x 24 / 1844) with a 40-hour work week and 5.29 (366 x 24 / 1659.2) with a 36-hour work week .

If employees are entitled to additional holidays, the required number of holidays must also be adjusted to reflect the need for such holidays.

If on average each of the workers has 10 sick days per year, then the useful working time fund will be 1804 hours. (1884 hours - (10 days x 8 hours per day)) with a 40-hour work week, and 1587.2 hours. (1659.2 hours - (10 days x 7.2 hours)) with a 36-hour work week.

Accordingly, the required number of employees to fill one "round-the-clock" position will be 4.87 positions (366 x 24 / 1804 hours) for a 40-hour working week and 5.53 (366 x 24 / 1587.2 hours) for a 36-hour working week. working week.

The task of the administration of the organization is to distribute the specified number of employees within the entire calendar year so as to ensure that they work out the norm of working time (more correctly, the useful working time fund, formed taking into account the provision of annual holidays to them) and the provision of annual holidays.

As a rule, the shift schedule is determined based on the available 4 positions of employees to replace one workplace. Therefore, it is with this number of employees that full-fledged employment contracts are concluded to perform work duties according to the “full rate”. With a reduced working time, the number of brigades can be as high as 5. With the rest (fractional indicator) of positions, labor contracts can be concluded to perform work on a part-time basis, contracts to perform certain work, etc. It is these employees who are recruited to work in the event of the “main” employee going on vacation, their illness, etc.

And, finally, it is possible to synchronize the production task and the shift schedule of the personnel by resorting to the introduction of an MES system - an automated system for managing and optimizing production activities.

The MES-system calculates the operational schedule of work in the shop. In this case, the following planning documents are generated:

Schedules of operation of the main and auxiliary pieces of equipment;

Staff schedules;

Schedules of scheduled preventive and operational repairs of equipment;

Documents for workplaces;

Reporting documents (use of equipment and materials, planned quality parameters, etc.).

From a legal point of view, the introduction of such accounting systems in production is not prohibited, although it is not officially allowed, there is also no clear methodological basis, therefore, automation of planning and recording working hours is at the discretion of the employer.

The legal regulation of labor relations, which are based on issues of working time, is always influenced by political, economic and social factors. In modern conditions, globalization as a new social order and the financial and economic crisis have a tangible impact on it. Many enterprises require a change in working hours to overcome the consequences of the crisis.

Legal regulation of working hours includes the legislative formation of norms for the duration of working hours, the classification of its types and methods of accounting for working hours. At the same time, the basic concepts are defined: working time, working day, working week, month, year.

Russian legislation distinguishes two main types of working hours: standardized and non-standardized, while in terms of the total number of total hours worked, they should not exceed the norms enshrined in the Labor Code of the Russian Federation.

Based on this, employers and lawyers more often encounter problems when recording labor in enterprises with irregular working hours: in the case of interrupted working hours, flexible work schedules; shift and watch methods of labor organization.

Our work focused on the study of the features of the legal regulation of the “daily” work schedule, which involves dividing the working day (days) into shifts.

The main difference and disadvantage of the “daily” operating mode is processing. And, in addition, the “daily” regime is distinguished from the regime of normal working hours by the need for mandatory cumulative time recording, the difficulty of determining rest time - the inter-shift period, the inability to provide employees with days off on calendar holidays, the presence of night shifts, the need for indispensable coordination with trade union bodies .

To eliminate overtime, firstly, it is necessary to draw up shift schedules for each division of the enterprise separately, and secondly, adhere to all the rules for recording working hours, giving preference to the combined type: daily and summarized final accounting.

In the case of summary recording of working time, overtime must either be compensated in the manner established by law, or transferred to the category of overtime work.

In extreme cases and to eliminate the formal presence of overtime work in an enterprise with one employee, two employment contracts are drawn up at two rates. It is local regulations, such as Collective and Labor Agreements, Rules of work routine and shift schedule, that determine the nature of the “daily” regime and its legality. Federal legislative documents only outline the boundaries of normal positive working time (8 hours a day, 40 hours a week, 120 hours a month - Article 91 of the Labor Code of the Russian Federation), but detailing should be carried out at each enterprise, where, depending on the needs and specifics of production , resource base, one or another shift schedule is selected. In addition, the labor legislation of the Russian Federation requires a more detailed study of the issue of regulating working time, in particular overtime.

Other important problems of legal regulation of the “daily” work regime include the need to harmonize the production and working regime, the problem of distributing working time with incomplete staffing, recording working hours, and calculating the required number of workers when introducing or transforming the “daily” regime.

Solutions to these tasks are enshrined at the legislative level in the form of methodological recommendations, so the recording of working time at the enterprise is strictly regulated and accountable. But at the same time, some issues rely entirely on local legal regulation of the “daily” working time regime, for example, automation of working time recording, which allows for parallel planning and synchronization of production processes.

Thus, we examined the legal regulation of working time in retrospect, characterized the concept and types of working time, described the types of working hours, methods of recording working time, identified the features of the legal regulation of the “daily” work schedule, drew up a shift schedule using the example of a specific enterprise, taking into account legal standards and suggest ways to eliminate problems associated with multi-shift work. This means that the goal of this work can be considered achieved.

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Working time is the time during which the employee, in accordance with the internal labor regulations (hereinafter referred to as the PWTR) and the terms of the employment contract, must perform labor duties (Article 91 of the Labor Code of the Russian Federation).

They are not working time, but due to their functional purpose, the following periods are equated to it: breaks for feeding a child (part 4 of article 258, article 264 of the Labor Code of the Russian Federation), downtime (Article 157 of the Labor Code of the Russian Federation), a break for eating at the place of work (part 3 of article 108 of the Labor Code of the Russian Federation), a special break during the working day for heating and rest (part 2 of article 109 of the Labor Code of the Russian Federation), a business trip period, rest between shifts while on duty, etc.

Legal regulation of working time is the establishment in regulatory legal acts of the duration of normal working time, the definition of types of working time, as well as its modes and accounting. Labor legislation establishes a maximum measure of labor (maximum working time) equal to 40 hours, which neither employers, including by agreement with employees, nor the employees themselves have the right to exceed. The exception is cases expressly specified by law (for example, overtime work).

In addition to laws (federal and constituent entities of the Russian Federation), norms on working time may also be contained in other acts that are not related to labor law. Such acts include decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, local governments, as well as local regulations that are valid only within the organization (enterprise) and regulate relations between the employee and the employer, including the distribution and accounting of working time.

Thus, examples of regulatory legal acts that establish periods of working time and other periods related to the working time of certain categories of employees are:

Regulations on the peculiarities of the regime of working time and rest time, working conditions for certain categories of railway workers directly related to the movement of trains (approved by Order of the Ministry of Railways of Russia dated 05.03.2004 N 7);

Regulations on recording the working time of citizens admitted to professional emergency rescue services, professional emergency rescue units for the positions of rescuers (approved by Resolution of the Ministry of Labor of Russia dated 08.06.1998 N 23);

Regulations on the peculiarities of the regime of working hours and rest time for car drivers (approved by Order of the Ministry of Transport of Russia dated 20.08.2004 N 15).

It is necessary to distinguish between the concepts of “working time” and “working hours”. Working time is the duration of the working time (for example, 40 hours, 36 hours, etc.), and the working time regime is the distribution of the norm of working hours established for employees in a specific calendar period.

1. Working hours according to the Internal Labor Regulations

The internal labor regulations (hereinafter referred to as the IRTR) are a local regulatory act of the employer that regulates the procedure for hiring and dismissing employees, the basic rights, obligations and responsibilities of the parties to the employment contract, working hours, rest time, incentives and penalties applied to employees, as well as other issues of regulation of labor relations with this employer.

In accordance with Part 1 of Art. 91 of the Labor Code of the Russian Federation, the PVTR must reflect the duration of the time during which the employee must perform labor duties, as well as other periods equivalent to working time. For example, in accordance with Part 2 of Art. 109 of the Labor Code of the Russian Federation, the employer is obliged to provide special breaks that are included in working hours; therefore, in the PVTR it is necessary to determine the duration of the actual work time, as well as the number of such breaks. The duration of the shortened daily work (shift) of employees not expressly specified in the law, and other periods of working time must also be established by the employer’s local regulations.

Introduction

Chapter I. The concept of working time and the history of the development of working time legislation

§ 1. An excursion into the history of the development of legislation on working time

§ 2. The concept of working time

Chapter II. Characteristics of types of working time

§ 1. Normal working hours

§ 2. Shortened working hours

§ 3. Part-time work

§ 4. Overtime work

Chapter III. Features of working hours

§ 1. Irregular working hours

§ 2. Working in flexible working hours

§ 3. Shift work

Conclusion

Bibliography

Introduction

A person’s work, like his whole life, flows in time. And since the socially useful activities of people are diverse, the most general and acceptable measure of the amount of labor expended for all its types is working time. Its size and the norm of working time are determined by the level of development of society, political and economic factors. The law gives this measure a generally binding character.

Working time, on the one hand, fixes the measure of labor, and on the other hand, it provides the employee with free time to rest and restore expended energy.

The relevance of this research topic is that it occupies an important place when, on the one hand, there is an economic crisis, and on the other, gross violations of employee rights. Often, employers, knowing labor laws, violate them or ignore them altogether, not understanding the importance of compliance not only for labor protection, but also for production efficiency.

In modern domestic legislation, the definition of working time appeared only in the Labor Code of the Russian Federation and, before its adoption, was found only in the works of legal scholars.

Currently, working time is defined by law as the time during which an employee, by virtue of the law, internal labor regulations and an employment contract, must perform his or her job duties. The main feature of the concept of “working time” in the legal sense is the time during which the employee must perform the duties assigned to him.

The direction of the topic being studied is also characteristic and relevant in that working time and rest time itself are directly related to such institutions as, for example, payment and labor regulation, work routine and labor discipline, and labor protection. In this regard, this topic is being disclosed and studied by many authors of the literature on labor law in order to disclose and convey information to employees about working time and everything it involves and everything connected with it, so that employees know this information and know when In cases, they have the right to claim, for example, part-time or reduced working hours, which categories of workers cannot be allowed to work at night, overtime, etc. In a number of cases, the remuneration system directly depends on the actual time worked during the accounting period, and the application of disciplinary measures depends on how correctly the working time is organized and maintained in relation to an individual employee.

The object of the study is the legal relations emerging in the legal regulation of working time in the Russian Federation.

The subject of the study is the set of norms of Russian labor legislation regulating working hours.

The purpose of the work is to explore the legal regulation of working time according to the labor legislation of the Russian Federation and the practice of its application.

Job objectives:

Consider the concept of working time and conduct a retrospective analysis of the development of legislation.

Describe the types of working time;

Analyze the types of working hours.

The methodological basis of scientific research is determined by the goals and objectives set in the work. In the process of posing the problem, the author used the general scientific dialectical method of cognition, based on the principles of objectivity, consistency, unity of theory and practice, using comparative legal, formal legal and historical methods of cognition in legal science.

The normative legal basis of the study consists of acts of the International Labor Organization, legislative and by-laws of the Scandinavian countries, social agreements and collective agreements, the Constitution of the Russian Federation, and the Labor Code of the Russian Federation.

In my thesis, the following research methods were used: abstract-logical, including analysis and synthesis, deduction and induction, ascent from the concrete to the abstract; historical method; monographic method; comparative legal method; statistical method.

I also used the following research sources: international acts; legislative acts of the Russian Federation; regulations; acts of judicial authorities; social agreements and collective agreements; monographic works of economic, legal, historical, statistical nature of Russian and foreign authors; statistical yearbooks and reference books; materials of scientific conferences.

Chapter I. The concept of working time and the history of the development of legislation on working time

§ 1. An excursion into the history of the development of working time legislation

Labor legislation is the only branch of legislation that is able not only to directly influence the main productive force - people who are the carriers of the labor force, but also to protect them in the process of labor activity.

Under the influence of the system of labor legislation, a legal mechanism for the social protection of workers is being formed.

The market economy makes significant changes to the content of labor relations and the legal status of their subjects in connection with the introduction of new forms of ownership and management methods, as well as the formation of the labor market.

Current working and rest time legislation serves two main purposes:

· firstly, the full, rational and effective use of the labor potential of a particular organization and the entire Russian Federation as a whole;

· secondly, protecting workers from excessive overload, ensuring the restoration of their working capacity, and maintaining it for a long time.

Knowledge of the legislation on working time and rest time by participants in the labor process, parties to labor relations - employers and employees, as well as their representatives - administration and trade unions, serves as an important guarantee of compliance with this legislation, and therefore the achievement of the goals for which it is aimed.

Working time is considered to be the time during which the employee, in accordance with labor, collective agreements, internal labor regulations, is obliged to be at the workplace and fulfill his labor duties. This aspect of working time is subject to legal regulation.

Labor as an expedient human activity for the production of material and spiritual goods, naturally, passes in time and receives its expression in a specific and definite measure. The measure of labor, its quantitative expression, is working time.

The limitation of working hours by law was one of the first demands of the international labor movement that arose at the beginning of the 19th century.

In the mid-19th century, the first labor laws to appear concerned restrictions on working hours for women and children. They were then extended to men (for the first time in England).

When studying the historical evolution of labor regulation in its entirety, one can notice that it consistently and everywhere goes through approximately the same stages.

Along with the special protection of children, minor girls and women, the issue of legal regulation of labor was reflected in the legal norms of various states.

Currently, questions about the duration and distribution of working time are regulated by the Labor Code of the Russian Federation, and in pre-revolutionary Russia the legal relations in question were regulated by the Law of June 2, 1897. “On the duration and distribution of working time in establishments of the factory industry.”

In Russia, only on June 2, 1897, after a long history of projects and debates, the law “On the duration and distribution of working time in industrial establishments” was adopted. This law introduced a limitation of the working day in factories and factories to 11.5 hours, and in the case of work at night, as well as on Saturdays and before holidays - 10 hours. The law also prohibited work on Sunday and established 14 obligatory holidays (three more were added to them in 1900). By “mutual agreement,” workers could work on Sunday instead of weekdays.

At the same time, in addition to the working hours established by this law, it was also possible to introduce overtime work under a special contract. The law came into force on January 1, 1898, was immediately extended to 60 provinces of European Russia and covered all industrial establishments and mining operations, private and state-owned (although in practice, state-owned factories already generally had a shorter working day).

The law provided for a mandatory list of holidays on which work was not required: all “Sundays and holidays (January 1 and 7, March 25, August 6 and 15, September 8, December 25 and 26, Friday and Saturday of Holy Week, Monday and Tuesday of Easter week, the day of the Ascension of the Lord and the second day of the feast of the Descent of the Holy Spirit).

At the same time, it was established that “for workers of non-verbal confessions” it is allowed not to include in the schedule of holidays those of the holidays specified in the Law that are not honored by their church.

The working day lasting 8 hours was introduced for the first time in the world in Russia in 1917.

Decree of the Workers' and Peasants' Government of October 29 (November 11), 1917. "On the Eight-Hour Working Day" defined the concept of working time and established instead of 11 ½ - hourly working day, 8-hour and 48-hour working week.

The initiative to regulate wages was taken over by the trade unions. In January 1918 The Petrograd Union of Metal Workers worked out the Regulations on wage rates in the metal industry of Petrograd and its environs, which were applied locally as generally binding. It served as a model for similar provisions in other sectors of the economy.

Of course, the bulk of the workers really took up work with renewed vigor at the enterprises that had passed into their hands. However, there were many who felt that if power now belonged to them, then they could not work or work carelessly.

Thus, from the very beginning, the problem of labor productivity and labor discipline manifested itself, which will remain constant throughout the history of Soviet law, when egalitarianism was actually consolidated in the sphere of labor. Here, of course, production standards were established, but this was not of decisive importance.

The most important regulatory act of this period was the Labor Code (December 1918).

The Code established the basic provisions governing the procedure for hiring and dismissal, working hours and rest periods, and the organization of labor protection. The Code applied not only to state-owned enterprises, but also to private ones.

Labor Code 1918 contained chapters regulating working time and rest time, as well as the work of women and children in the workplace. The Code fixed the maximum possible duration of working hours and the minimum duration of rest time.

With the transition to the restoration of the national economy, the Labor Code of 1918. completely outdated.

The transition from the policy of war communism to the new economic policy required changes to Soviet labor legislation, bringing it into line with the new conditions of socio-economic life.

The introduction of economic accounting at enterprises, the admission of private entrepreneurship demanded the resumption of the conclusion of collective agreements between trade union organizations and the administration.

These contracts were supposed to stipulate the working conditions of workers, as well as wage rates. The regulation of wages in this way was due not only to the presence of the private sector, but also to the fact that state-owned enterprises were in a different technical and economic state. In order to ensure equal pay for equal work, it was necessary to compensate with a higher tariff for the work of workers in those enterprises where the equipment was worse. Thus, there was a need for legal regulation of labor rationing.

All these changes are reflected in the new Labor Code. The Labor Code of the RSFSR was adopted by the All-Russian Central Executive Committee on October 30, 1922.

Labor Code of the RSFSR 1922 adjusted the title and content of the section. The norms for rest time were provided for in special section XI “Rest Time”.

Labor Code 1922 for the first time established the provision according to which the duration of working time both in production and in auxiliary work necessary for production cannot exceed 8 hours (Article 94). For teenagers from 16 to 18 years old, for workers and employees engaged in work with hazardous working conditions and underground work, a reduced working time of 6, 5 or less hours was established (Article 95).

The Labor Code consolidated a new provision, establishing a reduction in working hours for persons engaged in mental and clerical work (Article 95), and also introduced rules on limiting the limits of night time.

The International Labor Organization pays considerable attention to the regulation of working time, including its duration.

First of all, it is necessary to note the ILO Convention No. 1 “On the limitation of working hours in industrial enterprises to eight hours a day and forty-eight hours a week (1919), which established appropriate restrictions in industrial enterprises (with the exception of some countries: in India and Japan it remained the norm 60 hour work week).

§ 2. The concept of working time

It is typical for the modern stage that the legal regulation of working time includes a combination of state and contractual (collective-contractual and individual-contractual) regulation. In the constitutional and legal aspect, working time is a certain interdependence and connection with rest time (Article 37 of the Constitution of the Russian Federation), which, of course, is reflected in most of the views (positions) of scientists - representatives of the science of labor law.

The definition of the concept of working time is given in the norms of international labor law. Thus, ILO Convention No. 172 “On Working Conditions in Hotels, Restaurants and Similar Establishments” (1991) and ILO Recommendation No. 179 provide that working time is the time during which workers are at the disposal of the employer.

According to Art. 2 Directive of the European Parliament and of the Council of 4 November 2003 "On certain aspects of the organization of working time" working time means any period during which an employee, in accordance with national legislation and (or) practice, is at the workplace at the disposal of the employer and in the performance of his activities or his functions.

Part 1 of Article 91 of the Labor Code of the Russian Federation provides for: working hours - the time during which an employee, in accordance with the internal labor regulations and the terms of an employment contract, must perform labor duties, as well as other periods of time that, in accordance with the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation refer to working time.

From this definition it can be seen that the legal concept of working time includes not only periods of direct performance by the employee of labor duties, but also other periods included in working hours in accordance with applicable law. Consequently, the legal concept of working time also includes individual production losses recognized as such by the economic sciences.

In Article 91 of the Labor Code of the Russian Federation by Federal Law of June 30, 2006. No. 90-FZ introduced positive changes, according to which:

· the legal definition of working time has been expanded, because earlier it was formulated in relation only to the employer - organization, thereby the employer - an individual was unreasonably excluded;

· the sources of labor law are concretized and narrowed down, establishing “other periods of time related to working time” to the normative legal acts of the Russian Federation only (thus, the importance and principle of regulated relations are emphasized).

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 include other periods within the norm of working hours when work was not actually performed. For example, paid breaks during the working day (shift), downtime through no fault of the employee.

The concept of working time and its duration is used, as a rule, in economic and legal aspects. In the legal aspect, working time is the time established by law or on its basis, during which employees, in accordance with the rules of internal labor regulations, must perform the work assigned to them or other labor duties.

The maximum limit of working hours is established by law, thereby it limits the length of working hours. Article 37 of the Constitution of the Russian Federation, fixing in paragraph 5 the right to rest, indicates that a person working under an employment contract is guaranteed the length of working time established by federal law. Labor Code in Art. 42 established that normal working hours cannot exceed 40 hours per week.

Regulation of working time in a number of industries has its own characteristics. These features are reflected in government decrees, departmental and local regulations.

Employees have a five-day work week with two days off. The duration of daily work is determined by the internal regulations or shift schedules of the enterprise. However, if, due to the nature of production and working conditions, the introduction of a five-day working week is impractical, a six-day working week with one day off is established.

On the eve of holidays, the working hours of employees, except for those for whom reduced working hours are established, are reduced by one hour in both a five-day and a six-day working week.

On the eve of the weekend, the duration of work in a six-day work week cannot exceed 6 hours.

Work outside normal working hours is either overtime (if initiated by the employer) or work on irregular working hours.

Part-time work is not work outside of normal working hours. It is assumed that the employee enters into employment contracts to perform other work in his free time from his main job, either with the same employer (internal part-time job) or with another employer (external part-time job).

The normal working hours should be for both those working in a permanent job and those whose work is temporary (for example, seasonal workers, those performing the duties of a temporarily absent employee, etc.).

There are two types of working week - a 5-day with two days off and a 6-day with one day off, which is preserved in those organizations where, due to the nature and working conditions, the introduction of a five-day work week is impossible or impractical. The six-day working week has been retained in many educational institutions, where the transition to a 5-day working week is impossible due to the existence of maximum permissible physiological norms for students’ academic workload. Some government agencies, service enterprises, etc. operate on a 6-day work week.

In addition to the normal working hours, the Labor Code of the Russian Federation regulates issues of reduced working hours, part-time work, irregular working hours, overtime, etc. These issues will be discussed in more detail in the following sections.

The working hours during which the employee must perform his duties do not always coincide with the hours actually worked. Actual - this is the time actually spent by each individual employee, which determines his specific participation in the labor process. It can coincide with the working time or with its norm, and can be either less or more than it.

In accordance with the time actually worked, wages are paid, additional holidays are provided due to harmful conditions at work, for irregular working hours, etc. Failure during the working day may entail certain legal consequences - the imposition of a penalty and other sanctions if the employee is at fault. The employer must keep a record of the time actually worked by each employee.

The main document confirming such accounting is the time sheet. According to the rules of workflow, the time sheet is compiled by a personnel officer, accountant or other employee.

The time sheet indicates the hours and days actually worked, the time of illness and vacation, as well as the reasons for absenteeism for each employee who is on the staff of the organization. Notes on the report card about the reasons for absence from work are made on the basis of relevant documents (for example, on the basis of a certificate of incapacity for work, etc.). The timesheet is filled out in one copy for each calendar month.

Foreign labor law is of theoretical interest. So, according to Art. 110 of the Labor Code of the Republic of Belarus, working time is considered to be the time during which the employee, in accordance with labor, collective agreements, and internal labor regulations, is obliged to be at the workplace and perform his job duties. A worker also includes time of work performed at the suggestion, order or with the knowledge of the employer, in excess of the established working hours (overtime, work on public holidays, holidays and weekends).

According to French labor law, working time is the time actually worked or the time actually worked. In accordance with Art. 212-4 of the French Labor Code, the time of active work is the time during which the employee is at the disposal of the employer and is obliged to obey his instructions, while not having the right to freely carry out personal activities.

According to UK labor law, and more precisely, the Working Time Regulations (came into force on October 1, 1998, as amended in 2005), working time is any period of time during which an employee works or performs duties while at the disposal of the employer. .

In the Labor Codes of the CIS countries, where the concept of working hours does exist, as a rule, there is no clear specification of it, and there is also no regulation of the types of working hours; examples of this are the Labor Codes of the Republic of Azerbaijan and the Republic of Turkmenistan. Legal provisions on working time as a separate chapter are available only in the Labor Codes of the Republic of Azerbaijan, the Republic of Turkmenistan and the Russian Federation. In most codes, issues of working time regime are placed in the chapter devoted to working time, which, in our opinion, indicates that legislators have insufficiently elaborated the structure of these legislative acts.

In Russian legislation, working time includes the following periods:

· downtime - temporary suspension of work for reasons of an economic, technological, technical or organizational nature (part 3 of article 72-1 of the Labor Code of the Russian Federation);

· time for rest and eating at the place of work, if, according to production conditions, it is impossible to establish a break for rest and food (Part 3 of Article 108 of the Labor Code of the Russian Federation);

· time of performance of state or public duties (Part 1 of Article 170 of the Labor Code of the Russian Federation);

· time to participate in the work of the commission on labor disputes (part 2 of article 171 of the Labor Code of the Russian Federation);

· time of medical examination (examination) (part 3 of article 213 of the Labor Code of the Russian Federation);

· breaks provided to women for feeding their children (Article 258 of the Labor Code of the Russian Federation) and other periods.

In this regard, scientists believe that Art. 91 of the Labor Code of the Russian Federation, the emphasis in the definition of the concept is somewhat mixed towards the definition of time periods that constitute working time. The provision in the norm of the definition of the reference part seems to be a consequence of the imperfection of legislative technology.

With the entry into force of the Labor Code of the Russian Federation, working time is regulated in accordance with Section IV of this Code, with previously issued regulations remaining in force, but only to the extent that they do not contradict the provisions of the new Code.

In the legal regulation of working time, local (collective bargaining) norms and individual labor contracts are becoming increasingly important. In a centralized manner (in particular, in the Labor Code of the Russian Federation), maximum standards for the duration of working hours, basic provisions on the procedure and methods of its distribution within a day, week or other calendar period are established, on the prohibition as a general rule of work outside working hours and the procedure for attracting work in exceptional cases beyond the established working hours, on weekends and holidays, and also specifies issues that are resolved by local regulations and by agreement between the employee and the employer.

Thus, working time according to labor law should be understood as the time during which the employee, in accordance with the Labor Code of the Russian Federation and other regulatory legal acts specified in the Labor Code of the Russian Federation, in particular with the internal labor regulations or shift schedules, the collective agreement, as well as the conditions under an employment contract must perform the work assigned to him in the prescribed place. This means that during working hours (work shift), the employee must be at his workplace or in another established place of work (for example, a legal adviser in court) and perform or be ready to perform the work assigned to him.

overtime legislation working day

Chapter II. Characteristics of types of working time

§ 1. Normal working hours

As noted earlier, with the entry into force of the Labor Code of the Russian Federation, working time is regulated in accordance with Section IV of this Code, with previously issued regulations remaining in force, but only to the extent that they do not contradict the provisions of the new Code.

Article 37 of the Constitution of the Russian Federation, securing the right to rest, provides that those working under an employment contract are guaranteed the working hours established by federal law. At the same time, a significant part of violations of labor rights and obligations occurs under working time legislation. Often, managers, knowing the requirements of the law, ignore them, not understanding the importance of complying with it not only for labor protection, but also for increasing production efficiency and profit growth.

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 Art. 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 in the open air (for example, construction workers, installers, etc.) or in closed unheated premises, as well as loaders working during loading and unloading operations.

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 decided by internal regulations.

According to Art. 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 do 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 the operational documentation, the condition of the equipment and the progress of the technological process, to accept oral and written information from the employee handing over the shift to continue conducting 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 Art. 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; 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.

Working time is measured in the same units as time in general - in hours, days, etc. The law usually uses such a meter as the working day and working week. The Labor Code of the Russian Federation establishes the normal working time, which is understood as the standard working time established by law, which must be observed by the parties to the employment contract (employee and employer) regardless of the form of ownership of the organization where the labor relationship is carried out. In this case, the standard working time is understood as the number of hours that an employee must work in accordance with the terms of the employment contract, collective agreement, internal labor regulations, and other local regulations of the organization for a certain period of time. The standard working time is used to determine the employee’s wages, including for the purpose of paying for overtime work, work on weekends and non-working holidays (Articles 129, 133, 152, 153 of the Labor Code of the Russian Federation). When the parties to an employment contract determine the standard working time for a particular employee, it is necessary, first of all, to be guided by the provisions of the Labor Code of the Russian Federation, which establish the maximum working time.

The normal working hours established by the Labor Code (discontinued) were not changed by the Labor Code of the Russian Federation. As a general rule, normal working hours cannot exceed 40 hours per week. It does not depend on the form of ownership, the organizational and legal form of the organization, or whether the employer is an individual. Thus, an employee’s standard working time cannot exceed 40 hours per week, but may be less than this value.

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

As for part-time workers, the duration of part-time work for a month is established by agreement between the employee and the employer. Meanwhile, the legislator has established that the duration of working hours established by the employer for persons working part-time cannot exceed 4 hours a day and 16 hours a week (paragraph 1 of Article 284 of the Labor Code of the Russian Federation). In certain regulations, the legislator establishes exceptions to the above rules. Such an exception is contained, for example, in the Resolution of the Ministry of Labor of the Russian Federation of June 30, 2003. No. 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers.”

The standard working time is determined in the Labor Code of the Russian Federation by establishing the length of the working week.

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

The working time during which an employee must perform his duties does not always coincide with the time actually worked. Actual is the time actually spent by each individual employee, which determines his specific participation in the labor process. It can coincide with working hours or with its norm, or it can be either less or more than it. In accordance with the actual time worked, wages are paid, additional leaves are provided in connection with harmful conditions at work, for irregular working hours, etc. Shortcomings during the working day may entail certain legal consequences - the imposition of penalties and other sanctions if the employee is guilty of this. The employer must keep records of the time actually worked by each employee.

Working time recording can be daily, weekly and cumulative, but in all cases the time worked by the employee for each working day is taken into account.

Daily (daily) recording of working time is used for equal duration of daily work. Daily accounting of working time is used for a six-day working week. With a six-day working week, the length of the working day cannot exceed:

When recording working hours by the day, it is not allowed to offset overtime on one day and shortfalls on other days.

When recording working hours by the day, work beyond the established length of the day is considered overtime.

Weekly accounting is used in cases where the duration of an employee’s daily work may vary, but during the week he produces the same amount of working time (36 hours, 24 hours, etc.). In this case, when approving the working time schedule, it is necessary to take into account that the duration of working hours cannot exceed 40 hours per week with normal working hours, 36 or 24 hours with reduced working hours.

Summarized accounting is used in cases where the length of working time per day or per week may be different, but overtime on some days is compensated by underwork on others, while during the accounting period the employee must work the established standard hours. The accounting period is set by the organization itself. It can be a month, a quarter, half a year or a year.

For violation of the obligation to record working hours, the guilty officials bear administrative liability imposed by the federal labor inspectorate. The main document confirming such accounting is the time sheet. According to the rules of document flow, the time sheet is prepared by a personnel service employee, accountant or other employee. The timesheet indicates the actual hours and days worked, sickness and vacation time, as well as the reasons for absence from work for each employee on the organization’s staff. Notes on the report card about the reasons for absence from work are made on the basis of relevant documents (for example, on the basis of a certificate of incapacity for work, etc.). The timesheet is filled out in one copy for each calendar month.

The timesheet can be maintained in two ways:

) the report card takes into account all attendances or absences from work;

) the report card takes into account only deviations from the normal operating mode provided for in the organization (no-shows, lateness, etc.).

At the end of the month, the timesheet is transferred to the accounting department. The completed report card is stored in the organization’s archives for five years. There are no significant features when preparing time sheets for part-time workers.

Currently, the Resolution of the State Statistics Committee “On approval of unified forms of primary accounting documentation for labor accounting and payment” dated January 5, 2004 No. 1 has approved the form of a working time sheet. Proper fulfillment of the obligation to record working time in a number of cases provides the necessary evidence base in the event of disputes between the employee and the employer. For example, in order for dismissal for absenteeism, provided for in paragraph “a” of Part 6 of Art. 81 of the Labor Code of the Russian Federation, was justified, it is necessary to confirm with the help of written evidence the fact of the employee’s absence from work. First of all, absence must be recorded in the internal regulations of the enterprise, primarily in documents that record the working time of each employee, i.e. on the time sheet. And then the employee’s immediate supervisor prepares a memorandum (or other similar document adopted by the enterprise) and a draft dismissal order addressed to the official who has the right to apply disciplinary action.

Specifying the general obligation of the employer to keep records of the time actually worked by each employee (Article 91 of the Labor Code of the Russian Federation), Art. 300 of the Labor Code of the Russian Federation obliges the employer to keep records of the working time and rest time of each employee working on a rotational basis, by month and for the entire accounting period. Working time and rest time within the accounting period are regulated by the shift work schedule, which is approved by the employer taking into account the opinion of the elected trade union body of the organization and is brought to the attention of employees no later than two months before it comes into effect.

Features of the legal regulation of the working time of persons working on a rotational basis are, in particular, that:

) the schedule provides for the time required to transport workers to and from their shifts. Days of travel to and from work are not included in working hours and may fall on inter-shift rest days;

) hours of overtime within the work schedule on a shift may accumulate over the course of a calendar year and be summed up to whole days, followed by the provision of additional days of rest;

) days of rest in connection with work outside the normal working hours within the accounting period are paid in the amount of the tariff rate (salary), unless otherwise established by the employment contract or collective agreement.

For violation of the obligation to keep records of working time, the guilty officials bear administrative responsibility imposed by the bodies of the federal labor inspectorate.

The institute of working time makes a significant contribution to the solution of the tasks defined in Art. 2 of the Labor Code of the Russian Federation: the establishment and protection of mutual rights and obligations of employees and employers, the development of social partnership between them, the creation of favorable working conditions for a person and legislative guarantees for their provision.

Establishing normal working hours by law (according to Academician I.M. Sechenov, for the normal functioning of the body, 8 hours of work, 8 hours of rest and 8 hours of sleep are necessary) allows: to ensure the protection of the health of the worker, to promote his working longevity; obtain from each worker a socially necessary measure of labor; to improve the cultural and technical level of the employee, to study on the job, to develop his personality, which, in turn, contributes to an increase in labor productivity. Normal working hours are the basic guarantee of the worker's right to rest.

§ 2. Shortened working hours

Shortened working hours are provided for by the Labor Code of the Russian Federation for the following categories of workers:

) the youth;

) students;

) disabled people;

) teachers, etc.

Normal working hours are reduced by:

) 24 hours a week (for workers under 16 years of age);

) 35 hours per week (for employees who are disabled people of group I or II);

) 35 hours per week (for workers aged 16 to 18 years);

) 36 hours a week or more (for workers engaged in work with harmful and (or) dangerous working conditions, in the manner established by the Government of the Russian Federation).

The length of working time for students of educational institutions under the age of 18 working during the academic year in their free time from school cannot exceed half of the norms established by Part 1 of Art. 92 Labor Code of the Russian Federation.

Reduced hours of work may be established by a collective agreement or local regulatory act of the organization at the expense of the organization's own funds.

Remuneration for work under the conditions of reduced working time is made in the same amount as for employees of the corresponding categories with a full duration of work. This general rule applies, unless otherwise provided by the Labor Code of the Russian Federation or other federal law. The Labor Code of the Russian Federation changed the previously existing norm of the Labor Code of the Russian Federation regarding the remuneration of minors. In accordance with Art. 271 of the Labor Code of the Russian Federation, remuneration of workers under the age of eighteen is made in proportion to the hours worked or depending on the output, and the employer has the right to establish additional payments to their wages at their own expense.

If a reduced working time is introduced for employees, then the duration of their work at night is not reduced by one hour (Article 96 of the Labor Code of the Russian Federation).

In accordance with Art. 98 of the Labor Code of the Russian Federation, in cases where a reduced working time is established, the employee is not allowed to work part-time, with the exception of cases stipulated by the Labor Code.

Federal law may establish reduced working hours for other categories of workers (teaching, medical and others). From Art. 92 of the Labor Code of the Russian Federation it follows that reduced working hours are established by federal law, as well as by acts of the Government of the Russian Federation. However, the establishment of reduced working hours at the expense of the employer’s own funds improves the position of the employee compared to the law.

In this connection, on the basis of Art. 8, 9 of the Labor Code of the Russian Federation, local regulations may establish reduced working hours for other categories of workers that are not listed in federal legislation. But the costs associated with this reduction must be borne by the employer.

The legal consequence of establishing reduced working hours is that the employee retains all the benefits and advantages provided for by law, including the right to receive wages in full and not lower than the minimum wage established by federal law. Thus, despite the reduction in the number of working hours per week, the reduced working hours do not limit the rights of workers, including the right to receive full wages. That is, working under reduced working hours in terms of the benefits provided does not differ from work with normal working hours; in fact, employees with reduced working hours are paid additionally for hours not worked to normal working hours. This additional payment is included in the wages of employees with reduced working hours.

The Labor Code contains a special chapter. 52, which establishes the specifics of regulating the labor of teaching staff. In accordance with labor legislation (Article 251 of the Labor Code of the Russian Federation), the specifics of labor regulation are rules that partially limit the application of general rules on the same issues or provide additional rules for certain categories of workers.

For teaching staff, a reduced working time is established - no more than 36 hours per week (Part 1, Article 333 of the Labor Code of the Russian Federation).

The teaching load of a teaching worker, provided for in an employment contract, may be limited by an upper limit in cases provided for by the standard regulations on an educational institution of the appropriate type and type, which is approved by the Government of the Russian Federation.

In addition, it should be noted that the working hours established for teaching staff of no more than 36 hours per week do not fully take into account the specifics of their complex and responsible work, aimed not only at transferring knowledge to the future generation, but also at shaping the personality as a whole. In addition, many types of employee activities are not standardized at all and the time spent on them is not included in the concept of “working time.” This refers to self-education as busy time not for personal purposes, continuous improvement of professional level, which significantly reduces the length of an employee’s rest time.

As already noted, labor standardization for teaching staff of educational institutions is carried out in the form of establishing a teaching load for them, however, this labor standard is conditional in nature, since at the federal level only an upper limit for this workload is provided. For example, the teaching load for the academic year for teachers of secondary educational institutions, fixed in the employment contract, should not exceed 1440 hours in accordance with clause 54 of the Model Regulations on an educational institution of secondary vocational education (secondary specialized educational institution), approved by the Decree of the Government of the Russian Federation of March 3 2001 N 160. The teaching load for the teaching staff of a higher educational institution is established by the educational institution independently, depending on their qualifications and the profile of the department in the amount of up to 900 hours per academic year in accordance with clause 77 of the Model Regulations on an educational institution of higher professional education (higher educational institution of the Russian Federation), approved by Decree of the Government of the Russian Federation of April 5, 2001 N 264.

Article 96 of the Labor Code of the Russian Federation regulates work at night, which is considered to be the time from 22 o'clock to 6 o'clock. The duration of work (shift) at night is reduced by 1 hour without further work, as stated in part 2 of this article. The innovation is that the said rule in the previous version of this article has been supplemented with “without further development”, because in practice employers have abused a certain understatement of the legislator.

The procedure for the work of creative workers in the media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations and other creative workers specified in Part 6 of Art. 96 of the Labor Code of the Russian Federation, as well as professional athletes in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, can be established by a collective agreement, a local regulatory act, or an employment contract.

Article 94 of the Labor Code of the Russian Federation determines the duration of daily work (shift). It is set based on the duration of the working week, but at the same time, it cannot exceed certain limits for certain categories of workers.

The specific duration of daily work (shift) is determined by the internal labor regulations or the shift schedule in compliance with the requirements for the maximum possible length of the working day (shift).

For persons entitled to a shortened working day, including teachers of all levels of education, the legislator has established guarantees for the maximum length of the working day. It is quite clear that the duration of daily work has a direct impact on human performance.

Article 94 of the Labor Code of the Russian Federation stipulates that the duration of daily work (shift) cannot exceed:

for employees aged 15 to 16 - 5 hours, aged 16 to 18 - 7 hours;

for students of general educational institutions, primary and secondary vocational education, combining study with work during the academic year, aged 14 to 16 years - 2.5 hours, aged 16 to 18 years - 4 hours (previously it was 3.5 hour);

for persons with disabilities in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. At the same time, it should be borne in mind that the medical report is issued by the bodies of medical and social expertise.

For workers employed in jobs with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum permissible duration of daily work (shift) cannot exceed: for a 36-hour work week - 8 hours; with a 30-hour work week - 6 hours.

Meanwhile Art. 94 of the Labor Code of the Russian Federation has been supplemented with a new part 3 concerning the named category of workers. In particular, a collective agreement may provide for an increase in the duration of daily work (shift) established for workers engaged in work with harmful and (or) dangerous working conditions. In this case, the maximum weekly working hours (Part 1 of Article 92 of the Labor Code of the Russian Federation) and hygienic regulatory working conditions provided for by federal laws and other regulatory legal acts must be observed.

For creative workers of theaters, cinema, television, enterprises and groups, as well as professional athletes, in accordance with the lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, the duration of daily work (shifts) ) can be established by a collective agreement, a local regulatory act, or an employment contract (Part 4 of Article 94 of the Labor Code of the Russian Federation). Previously, for this category, maximum norms of working time during the working day could be established by laws, other regulations, a collective agreement or an employment contract (former Part 3 of Article 94 of the Labor Code of the Russian Federation).

In connection with the above, we can highlight the following legally significant circumstances characterizing reduced working hours.

Firstly, the establishment of working hours in accordance with current legislation of less than forty hours per calendar week.

Secondly, compliance with the established duration of reduced working hours. Thirdly, the preservation of the benefits provided for by law for employees with reduced working hours, including the right to receive wages in the same amount as employees with normal working hours.

§ 3. Part-time work

Part-time working time, as a type of working time, is characterized by the fact that it is established by agreement of the parties to the employment contract, and not in cases directly provided for by law, as is established for shortened working hours. Moreover, part-time working hours can be established by the parties both when concluding an employment contract and subsequently, i.e. during its validity period. The law does not limit the circle of persons for whom part-time work may be established. It can be stipulated by an employment contract with any employee.

Labor legislation distinguishes between two types of part-time work - part-time and part-time work. A combination of part-time work week and part-time work is possible. Unlike reduced working time, which is a full measure of labor duration established by law for certain working conditions or categories of workers and does not entail a reduction in wages, part-time work is only a part of this measure. Therefore, when working part-time, remuneration is made in proportion to the time worked or depending on the amount of work performed.

An employee who has entered into an employment contract with a provision for part-time work is exempt from the obligation to work normal working hours. In contrast to shortened working hours, remuneration for part-time work is made in proportion to the time worked or depending on the volume of work performed (Part 2 of Article 93 of the Labor Code).

Part-time work does not entail any other restrictions for employees, including the duration of the annual basic paid leave, calculation of length of service and other labor rights (Part 3 of Article 93 of the Labor Code).

Part-time workers work part-time. The duration of working hours for persons working part-time cannot exceed four hours a day and sixteen hours a week (Article 284 of the Labor Code of the Russian Federation).

Payment for part-time work is made in proportion to the time worked or depending on the volume of work performed. The employee does not have the right to demand payment in an amount not lower than the minimum wage established by federal law, since this guarantee applies only to employees who have worked the full working time.

In a number of cases, the legislator gives the employee the right to demand the establishment of part-time work and establishes the employer’s obligation to satisfy such a requirement.

There is no longer an agreement here - part-time work depends on the unilaterally binding actions of one party to the employment contract - the employee. For such cases, Art. 93 of the Labor Code of the Russian Federation refers to the presence of an employee in a state of pregnancy; the employee has a child under 14 years of age or a disabled minor; the employee performs the functions of caring for a sick family member in accordance with a medical report.

Since in those listed in Art. 93 of the Labor Code of the Russian Federation, in situations where an employee, on his own initiative, although in some cases forcedly, demands a reduction in working hours, he is deprived of a certain part of his salary. In this case, remuneration is carried out in accordance with the time worked (with time-based wages) or depending on output (with piecework wages). But in these circumstances, the law guarantees the preservation of the duration of annual leave, the calculation of length of service and other labor rights that an employee has when working under normal working hours.

The initiative to establish part-time work may also come from the employer. In this case, he must warn the employee about changes in essential working conditions in writing no later than two months before their introduction (Part 2 of Article 73 of the Labor Code of the Russian Federation). In cases where changes in organizational or technological working conditions may lead to mass layoffs of workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected trade union body of the organization, to introduce a part-time working regime for up to six months (Part 5 of Art. 73 Labor Code of the Russian Federation). If the employee refuses to continue working under the terms of the appropriate working hours, then the employment contract is terminated under clause 2 of Art. 81 of the Labor Code of the Russian Federation in connection with a reduction in the number or staff of employees with the provision of guarantees and compensation to the employee.

Information that an employee is hired on a part-time basis is not entered into the employee’s work book.

The difference is that when working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work performed (Part 2 of Article 93 of the Labor Code of the Russian Federation). However, the employee does not have the right to demand payment in an amount not lower than the minimum wage established by the state (Article 133 of the Labor Code of the Russian Federation), because this guarantee applies only to employees who have completed the full amount of work.

At the same time, it is necessary to take into account that employees with irregular working hours, if they establish a part-time working day, may lose the right to additional leave for irregular working hours, provided for in Article 119 of the Labor Code of the Russian Federation. If a part-time working week is established, the right to additional leave may be retained.

Article 93 of the Labor Code of the Russian Federation regulates the procedure for establishing a part-time working schedule, which, by agreement between the employee and the employer, can be established both upon hiring and subsequently.

Part-time working hours can be established:

· mandatory at the request of the employee (for some categories of employees);

· by agreement between the employee and the employer;

· at the initiative of the employer, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations (Article 74 of the Labor Code of the Russian Federation).

It is customary to distinguish between two types of part-time work - part-time (when the duration of daily work is reduced) and part-time work (when the number of working days in the week is reduced, but the length of the working day remains normal). There may be a combination of part-time work and part-time work. In this case, the duration of part-time working time for a particular employee is established in the employment contract and indicated in the order of the employer, except in cases where it is established at the initiative of the employer, when part-time working time is determined by local regulations.

By agreement of the parties to the employment contract, part-time working time can be established without a time limit (in an employment contract for a certain period) or for any period convenient for the employee, taking into account the rules provided for in Art. 93 Labor Code of the Russian Federation.

Employees for whom, at their request, part-time work is mandatory, include:

· pregnant women;

· employees with a child under 14 years of age (disabled child under 18 years of age);

· workers caring for sick family members in accordance with a medical certificate issued in the manner established by federal laws and other regulations of the Russian Federation.

Leave for part-time workers is paid from the average salary they receive, which, as already noted, is paid to them in proportion to the time worked or the amount of work performed. Consequently, vacation pay for part-time employees is made in a smaller amount than for employees with reduced working hours.

In connection with the above, the introduction by the employer of part-time work limits the right of employees to receive wages. For this reason, the adoption of local acts on the introduction of part-time work without the will of workers or their authorized representatives is not allowed.

The foregoing allows us to identify the following legally significant circumstances, the proof of which allows us to recognize working time as incomplete. Firstly, the presence of the employee’s voluntary expression of will to establish part-time work. In some cases, legislation allows the establishment of part-time working hours with the consent of authorized representatives of employees, in particular trade unions. However, every employee cannot be deprived of the right to express his opinion regarding the introduction of part-time work. The absence of the employee’s will to introduce part-time work allows him to demand payment for hours not worked through no fault of his own as idle time. Secondly, the use of the concept of “part-time work” requires proof of a decrease in the number of working hours in each calendar week. The number of hours worked by a part-time employee cannot exceed or be equal to the normal working hours. The number of hours worked during a calendar week is reduced by reducing daily work or the number of working days during a calendar week.

Thirdly, part-time work involves payment of wages in proportion to the time worked or the amount of work completed. This is the main difference between part-time working and reduced working time. After all, working under reduced working hours does not affect the amount of wages the employee receives.

§ 4. Overtime work

In Art. 97 of the Labor Code of the Russian Federation names two types of work outside the normal working hours. Firstly, this type is called internal part-time work. Secondly, a type of work outside of normal working hours is overtime. The current version of Art. 97 of the Labor Code of the Russian Federation proposes to differentiate these concepts depending on who is the initiator of performing work outside the normal working hours for the employee. It is proposed to classify work at the initiative of the employee as internal part-time work, and at the initiative of the employer - as overtime work.

The wording of this article requires a number of clarifications. Firstly, it should be taken into account that Art. 91 and 92 of the Labor Code of the Russian Federation distinguish between the concepts of “normal and reduced working hours”. It is obvious that in Art. 97 of the Labor Code of the Russian Federation, normal duration should be understood as the working hours established for a given category of workers (both normal and reduced). Secondly, it is not entirely accurate to say that part-time work is carried out only on the initiative of the employee (although in practice, if the employer takes the initiative, registration is carried out by submitting an application by the employee). Thirdly, the list of cases when work is performed beyond the established working hours, in Art. 97 of the Labor Code of the Russian Federation is incomplete - processing beyond the established working hours with irregular working hours (Article 101 of the Labor Code of the Russian Federation), as well as work on weekends and non-working holidays (Part 3 of Article 112 and Article 113 of the Labor Code of the Russian Federation) are not mentioned.

Work outside normal working hours is an independent type of working time. This conclusion arises due to the fact that this type of working time does not coincide with any of the types considered. Persons working under normal working hours may be required to work more than forty hours per calendar week. In this case, working time that is worked in excess of the normal duration cannot be included in the normal working time, it is outside its limits. Workers on reduced working hours may also perform work outside of their assigned working hours. Working time worked in excess of the established norm cannot be considered reduced, since it goes beyond the scope of the reduced working time. Overtime in the case under consideration cannot be recognized as normal working time, since workers with reduced working hours have different working time standards. The above also applies to employees performing work duties on a part-time basis; for them, the standard working hours per week is determined by agreement with the employer. Exceeding this standard cannot be considered normal working hours, since the employee, by agreement with the employer, works on a part-time basis.

It should be noted that work outside the normal working hours for an employee is an additional type in relation to the considered types of working time. This type of working time exists in parallel with one of the main types of working time, that is, with normal working hours, reduced working hours or part-time working hours.

Overtime work is work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours during the accounting period (Part 1 of Article 99 of the Labor Code).

Work performed in excess of the established duration of working hours in the order of internal part-time work (Articles 98, 282, 284 of the Labor Code of the Russian Federation), as well as overtime in excess of the established duration of working hours during an irregular working day (Article 101 of the Labor Code of the Russian Federation) is not considered overtime.

However, in the case where leave for irregular working hours is not provided, overtime beyond the normal working hours is equivalent to overtime work (Part 1 of Article 119 of the Labor Code of the Russian Federation).

Work performed by an employee for his enterprise, institution, organization during non-working hours and not in his specialty, positions under civil law contracts (contract, paid provision of services - Articles 702-729, 779-783 of the Civil Code of the Russian Federation) cannot be recognized as overtime. .

At the same time, it should be taken into account that internal part-time work and civil law contracts should not be used to hide overtime work or to circumvent the legislation on their limitation and payment.

When recording working hours by the day, overtime is work performed in excess of the established duration of the working day (shift), for example, in excess of 8 hours in an 8-hour working day. When accounting for working time in aggregate, overtime is work in excess of the shift duration established by the schedule, for example, in excess of 10 hours in a 10-hour work shift. In cases where cumulative recording of working time is used, in which the duration of daily work may deviate from the established schedule within the accounting period, overtime work is considered to be hours worked in excess of the standard working hours for the accounting period. For example, in excess of the standard working hours for a quarter, if one quarter is set as the accounting period.

The employer has the right to involve an employee in overtime work only with his written consent in the following cases:

) when carrying out work necessary for the defense of the country, as well as to prevent an industrial accident or eliminate the consequences of an industrial accident or natural disaster;

) when carrying out socially necessary work on water supply, gas supply, heating, lighting, sewerage, transport, communications - to eliminate unforeseen circumstances that disrupt their normal functioning;

) if necessary, perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) during the normal number of working hours, if failure to perform (non-complete) this work may entail damage or destruction of the property of the employer, government or municipal property or endanger the life and health of people;

) when carrying out temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers;

) to continue work if the replacement employee fails to appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee.

In other cases, involvement in overtime work is permitted with the written consent of the employee and taking into account the opinion of the elected trade union body of the organization.

The Labor Code establishes an important legal guarantee for certain categories of workers. Thus, it is not allowed to involve pregnant women, workers under the age of 18, and other categories of workers in overtime work in accordance with federal law. Involving disabled people and women with children under three years of age in overtime work is permitted with their written consent and provided that such work is not prohibited for them due to health reasons in accordance with a medical report. At the same time, disabled people and women with children under three years of age must be informed in writing of their right to refuse overtime work.

Overtime work must not exceed four hours for each employee on two consecutive days and 120 hours per year.

The employer is required to ensure accurate records of overtime work performed by each employee.

Accounting information must be provided by the employer to the labor inspector at the location of the employer and organization upon their request. The labor inspector is authorized to prohibit or limit the performance of additional overtime work if violations of conditions or general labor safety requirements are detected.

Compensation for work in excess of the established normal working hours is made at the request of the employee either by additional payment or by providing time off.

The duration of time off must be equal to the amount of time worked in excess of the norm.

Payment for work in excess of the established norm is made at higher rates. This provision is enshrined in the norms of the Labor Code of the Russian Federation. So, for the first two hours of work - one and a half times the rate, and for the subsequent hours - double the rate. The determination of the amount of compensation may be established by a collective agreement or an employment contract.

In case of violation of the established procedure for involving an employee in overtime work, the guilty officials are subject to disciplinary, administrative or criminal liability.

In cases of extreme necessity caused by force majeure, the maximum standards for overtime work established by the Labor Code of the Russian Federation are not applied, i.e. it is allowed to exceed it, but the total amount per year should not exceed 200 hours. The employer does not have the right to require the employee to enter into an additional agreement, and refusal to perform overtime work should in no way worsen the employee’s position. Performing overtime work should not cause overwork and harm the health of the employee.

The duration of overtime work cannot exceed 4 hours for two consecutive days and 120 hours per year.

Employees who have entered into an additional employment contract with the same employer are subject to the general rules on part-time work. In Part 6 of Art. 282 of the Labor Code of the Russian Federation, it is prohibited to conclude an employment contract on internal part-time work with persons under the age of eighteen working in heavy work, work with harmful and (or) dangerous working conditions, as well as with other employees if there is a prohibition in federal law. In accordance with Art. 284 of the Labor Code of the Russian Federation, the duration of working hours at work under an internal part-time contract cannot exceed 4 hours a day and 16 hours a week, that is, 12 hours in one working day (shift) and 56 hours during a calendar week.

In connection with the above, we can highlight the following legally significant circumstances that characterize work outside the normal working hours in the form of internal part-time work. Firstly, such a circumstance is the presence of a voluntary expression of will of the employee and the employer to perform work on an internal part-time basis. This will is confirmed by a written employment contract. In accordance with Art. 9 of the Labor Code of the Russian Federation, an employment contract cannot serve as a legal basis for limiting the rights provided for by law, in particular the right of employees to receive equal pay for work of equal value. For an employee, part-time work and overtime work are labor outside the normal working hours, as well as for the employer in whose interests this work is performed. In this connection, the establishment of different wages when performing work on the terms of internal part-time work and overtime work, based on the requirements of Art. 2, 21, 22 of the Labor Code of the Russian Federation, can be carried out legally only if the inequality of the named types of work outside the normal working hours is proven. The responsibility to prove this circumstance lies with the employer's representatives. In connection with the foregoing, we can conclude that the presence of an additional employment contract cannot serve as a legal basis for limiting the rights of an employee guaranteed by law, in particular the right to increased wages beyond the standard hours established for the employee.

Secondly, the circumstance that defines internal part-time work as a legal concept is the presence of restrictions on concluding an employment contract with individuals. Employees with whom it is not permitted to conclude an employment contract on internal part-time work are defined in federal law.

Thirdly, the circumstance characterizing the legal concept of “internal part-time work” is the presence of restrictions on the duration of work on the terms of internal part-time work. An employee under an internal part-time contract must not work more than 4 hours a day and 16 hours during a calendar week, that is, 12 hours per working day (shift) and 56 hours during a calendar week.

In connection with the above, we can highlight the following legally significant circumstances that characterize work outside normal working hours as an independent type of working time. Firstly, playing a supporting role in relation to the main types of working time, that is, normal working hours, reduced working hours and part-time working. This circumstance is confirmed by the data recording the working hours of an employee who worked in excess of the standard hours established for him. Secondly, a circumstance characterizing work outside the standard hours established for an employee is involvement in this work on the basis of the voluntary expression of the will of the employee or an order of an authorized representative of the employer, issued in accordance with current legislation. This circumstance is confirmed by a written statement from the employee, an agreement concluded with him on the performance of work outside the established hours, as well as an order from the authorized representative of the employer.

Thirdly, working time outside the norm of the hours established for the employee is characterized by the occurrence of an obligation on the employer for additional payment in accordance with the law and the agreement concluded with the employee.

Chapter III. Features of working hours

§ 1. Irregular working hours

An analysis of trends in the organization of working time has shown that recently non-standard working hours, which involve only part-time work, have become increasingly in demand among workers. However, there are people who choose to work with irregular working hours, which indicates the phenomenon of “workaholism.” Irregularity today is one of the most widely discussed “accompanying phenomena” of the transformation of social and labor relations.

Irregular working hours have a long period of existence, which became widespread in the first years after the adoption of the Labor Code of 1922.

Labor Code 1922 Along with overtime work, it established another basis for engaging in work beyond normal working hours - in a note to Art. 94 Labor Code 1922 provided for the right of the People's Commissariat of Labor of the USSR (NKT USSR), in agreement with the All-Union Central Council of Trade Unions, to establish categories of workers whose work “is not limited to normal working hours.” Initially, subject to the note to Art. 94 of the Labor Code of 1922 covered only responsible political, trade union and economic workers, whose work was not standardized in time at all. But a later note to Art. 94 Labor Code 1922 began to apply to highly qualified specialists receiving personal salaries, and then to an even wider circle of workers whose work cannot be counted in time. A category of people appeared who were neither responsible political workers nor highly qualified specialists, but, nevertheless, had to work beyond normal working hours without any time limit for this work, without its registration and without additional payment for it.

It is interesting to note that in the literature of the 20s, irregular working hours were understood as “work not limited by time” or “work without a standard working day.” So, in the Commentary on Labor, edited by V.V. Schmidt (1928) said that the workers listed in the note to Art. 94 of the Labor Code, are required to work outside the normal working day, and the main sign of their work is that working time is not taken into account by the amount of time spent. Direct accounting of the time of work of persons with irregular working hours is replaced by an indirect one: according to the quantity and nature of the work assigned to them. However, the People's Commissariat of Labor fought against such a broad interpretation of the irregular working day, issuing special acts restricting the spread of this mode of work. Such an act in our country relating to is the resolution of the NCT of the USSR of February 13, 1928 No. 106 “On work with an irregular working day” (hereinafter - the resolution of the NCT of the USSR of February 13, 1928). In this resolution, the term "irregular working day" was used for the first time.

At the present stage, the regime of irregular working hours consists in the possibility of involving certain categories of workers in some exceptional cases to work in excess of normal working hours, and such work is not recognized as overtime.

The main feature of the irregular working day is the right of the employer to require the employee to stay late at the end of the working day (or go to work before it starts) to perform urgent work. At the same time, neither the frequency nor the duration of such work is regulated by labor legislation. Although an irregular worker works in excess of the standard working hours established for him, that is, in most cases beyond 40 hours a week, he does not receive any payment (or additional payment) for these working hours.

Another feature of the irregular working day is the involvement in work in excess of the normal length of the working day in a simplified manner, i.e. without any registration. The law pre-establishes only additional compensation for such employees - the provision of additional leave.

Processing is not considered overtime work and is compensated by the provision of additional paid leave, the duration of which is determined by the collective agreement or the internal labor regulations of the organization and which cannot be less than three calendar days.

The procedure and conditions for providing annual additional paid leave in organizations financed from the federal budget are established by the Government of the Russian Federation; in organizations financed from the budget of the subjects of the Russian Federation - by the authorities of the respective subject; in organizations financed from the local budget - by local governments. Enterprises at their own expense may determine a different procedure for compensation for irregular working hours.

In cases where additional paid leave for an irregular working day is not provided, processing in excess of the normal working hours with the written consent of the employee must be compensated as overtime work. Based on Art. 152 of the Labor Code of the Russian Federation, overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount.

Almost every organization has employees whose working hours do not fit within normal time frames. In some commercial organizations, it is even customary to regularly stay late at work; such an unspoken rule is often part of the organization’s corporate culture. Overtime beyond the established working hours is encouraged in every possible way with various rewards (for example, unique competitions are organized to see who can work longer, with the winners receiving a bonus or bonus). Thus, one large organization introduced electronic time tracking for employees. Management, looking at the electronic system's monthly report and tracking those who worked the most over the established norm, paid bonuses for the best work. But you cannot confuse the results of work with the duration of its implementation, since while at the workplace, the employee does not necessarily perform his immediate duties, but often does things that have nothing to do with his work (for example, playing computer games).

N.K.N. filed a lawsuit against PNG - Transport LLC for the recalculation of wages in accordance with the norms of labor legislation for the period of work from December 31, 2007 to the day of the court decision (vol. 1, pp. 4-6).

In support of his claims, the plaintiff indicated that since December 31, 2007, he has been in an employment relationship with PNG - Transport LLC as a 3rd class driver. During the period of work, he was systematically involved in overtime work, for which no payment was made.

The plaintiff did not appear at the court hearing and asked to consider the claims in his absence (vol. 4, case 13).

Representative of the plaintiff S.T.V. supported the claims on the grounds specified in the claim. She showed in court that in the period from December 31, 2007 to May 2010, the plaintiff, as a driver of class 3 cars, was systematically involved in overtime work, which can be confirmed by waybills, which record the time of departure and arrival at the garage. In addition, the plaintiff was deprived of the opportunity to break for lunch, resulting in a working day of 11 hours. However, working hours worked beyond the norm were not paid. The plaintiff was not aware that he was given irregular working hours. The plaintiff was not provided with additional leave for irregular working hours. The wage supplement paid by the employer for irregular working hours is proof that the employer actually involved the plaintiff in overtime work, reliable records of which were not kept. As a result of the employer’s unlawful actions, the plaintiff suffered moral damage, expressed in moral suffering.

Representative of the defendant R.Yu.N. did not recognize the claims, explained that the plaintiff was established a 40-hour work week, in addition, an irregular working day was established. Every day the plaintiff was given a lunch break of 2 hours. He did not object that the plaintiff was involved in work outside the 7-hour working day. For overtime overtime, the plaintiff was paid a monthly wage supplement. The regional coefficient and percentage increase in wages were applied to the specified bonus, and a bonus was also calculated. In fact, payments for irregular working hours significantly exceeded the amount payable as overtime. Also, the representative of the defendant stated that the consequences of missing the deadline for going to court were applied, since the plaintiff, starting in January 2008, knew that he was compensated for overtime work with an allowance for irregular working hours.

Having heard the parties and studied the case materials, the court considers that the claims cannot be satisfied for the following reasons.

As follows from the case materials, the parties have been in an employment relationship from December 31, 2007 to the present.

This circumstance is confirmed by the order for employment by transfer No. 10-k dated December 31, 2007 (vol. 1, pp. 34-36), the employment contract dated December 31, 2007 and the additional agreement to it dated February 1, 2010 years (vol. 1, pp. 7-11), from which it follows that the plaintiff was hired by PNG - Transport LLC as a driver of a 3rd class vehicle on vehicles of all brands, types, and carrying capacity.

In accordance with clause 5.1 of the employment contract, the plaintiff is established a time-bonus wage system, an hourly tariff rate (salary) for the car assigned to him according to the brand, type and carrying capacity in accordance with local regulations adopted in the company. In addition, in accordance with clause 5.3 of the employment contract, the plaintiff is made other payments established by the current legislation of the Russian Federation, the Company’s collective agreement, regulations on wages and social security and other local regulations of the Company.

According to clause 2.5 of the employment contract, the plaintiff has a 40-hour work week.

From the work schedules of PNG - Transport LLC employees presented in the case materials for 2009 and 2010 for a six-day (40-hour) working week, it follows that the plaintiff had to work 7 hours a day (5 hours on Saturday) (vol. 1, pp. 37-41).

However, as follows from the waybills presented to the court for 2008, the plaintiff was involved in work every day in excess of normal working hours. The processing time per working day ranged from 1 minute to 3 hours per day (vol. 1 case sheet 129-250). A similar situation can be seen from waybills for 2009 and for the period January-March 2010 (vol. 2, pp. 1-250).

Thus, the plaintiff’s arguments that he was involved in work beyond the established working hours were confirmed. At the same time, involvement in work beyond the established working hours was not episodic, but systematic.

The arguments of the defendant's representative that the employer had the right to establish an irregular working day for the plaintiff deserve attention.

In accordance with Art. 101 of the Labor Code of the Russian Federation, an irregular working day is a special work regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the working hours established for them. The list of positions of employees with irregular working hours is established by a collective agreement, an agreement adopted by the opinion of the representative body of employees.

Thus, an irregular working day is established for certain categories of workers with special working conditions, when, due to production needs, on certain days of the week they are allowed to perform work beyond the normal working day. However, these workers are subject to general rules regarding the start and end times of work. Their overtime is not considered overtime and therefore is not subject to increased pay. Compensation for overtime on certain days of the week in excess of the established working day is provided in the form of additional paid leave. The procedure for granting such leave is determined in local regulations or in the employment contract when hiring, since irregular working hours are one of the working conditions for these workers (Article 119 of the Labor Code of the Russian Federation).

The possibility of attracting car drivers to work beyond the established working hours is provided for by Order No. 15 of August 20, 2004 of the Ministry of Transport of the Russian Federation, which approved the regulation “On the peculiarities of the working hours and rest hours of car drivers.” Paragraph 14 of this provision establishes that drivers of passenger cars (except for taxis), as well as drivers of expedition vehicles and survey parties engaged in geological exploration, topographic-geodetic and survey work in the field, may have an irregular working day.

The decision to establish an irregular working day is made by the employer, taking into account the representative body of the organization’s employees.

At the same time, in the list of employees of PNG - Transport LLC, for whom, in accordance with the collective agreement, irregular working hours are established and additional leave is granted, the profession of a passenger car driver is not indicated. There is no indication in the employment contract that the plaintiff has an irregular working day.

However, according to the regulations on wages and social protection of employees of PNG - Transport LLC, which is an annex to the Company’s collective agreements for 2008, 2009 and 2010-2011, drivers of passenger cars are provided with additional payment for irregular working hours. At the same time, the involvement of workers in overtime work in accordance with the provisions of collective agreements was allowed in strict accordance with labor legislation (vol. 1, pp. 55, 77, 94).

Taking into account the above, the court comes to the conclusion that the plaintiff was compensated for the systematic involvement in work outside the normal working hours not by providing additional leave, but by payment of monetary compensation, called an allowance for an irregular day. In this connection, the court considers the specified allowance as payment for overtime work.

The circle of persons for whom irregular working hours are established is announced annually by order of the employer in agreement with the trade union committee and can be attached to the collective agreement. For example, in accordance with clause 11 of the Regulations on working time and rest time for car drivers, approved by Decree of the Ministry of Labor of the Russian Federation of June 25, 1999 No. 16, drivers of passenger cars (except taxi cars), as well as drivers of other expedition and survey vehicles , engaged in geological exploration, topographic-geodetic and survey work in the field, irregular working hours may be established.

Irregular working hours may be used for administrative, managerial, technical and business personnel; persons whose work cannot be counted in time; persons who allocate time at their own discretion; persons whose working time, due to the nature of the work, is divided into parts of indefinite duration. The list of positions of employees with irregular working hours is established by a collective agreement, agreement or internal labor regulations of the organization. It must be especially emphasized that employers in organizations of any form of ownership do not have the right to systematically involve workers with irregular working hours in such a work schedule, because in accordance with Art. 101 of the Labor Code of the Russian Federation, such a mode of operation is possible only occasionally.

§ 2. Working in flexible working hours

The flexible working time regime became widespread in some enterprises of our country, both among employees of the management apparatus and production structural units in the early 70s - 80s. “The first use of such a labor regime occurred in the USSR in 1972 at an oil shale processing plant in the city of Kohtla-Jarve (Estonia).” Already in 1980, flexible schedules were used in 13 work groups. And in the 80s. it was introduced at hundreds of industrial enterprises and associations, in research institutes, design organizations in different regions of our country.

Flexible work schedules began to be used in cases where, for some reason (domestic, social, etc.), the further use of regular schedules was difficult or ineffective. In practice, it was usually called a “flexible work schedule”; it allowed, at the request of the employee, depending on his individual needs, to shift the start and end of the working day to an earlier or later time relative to the work schedule established at the enterprise.

Already at that time, a flexible schedule predetermined the boundaries of the possible start and end of work, as well as the time of compulsory presence at work, which was a fixed (mandatory) part of the working day, and the previous and subsequent time - a flexible part of it, during which the employee, at his own discretion, at will (but with the knowledge of the immediate supervisor), could start work, leave work, and also take a lunch break at any time or at a predetermined time. The duration of the flexible part of the working day was usually set within 1.5-2 hours.

A flexible work schedule was used not only in individual, but also in team forms of work organization. The introduction of a flexible work schedule in teams, as well as permission to work according to such a schedule for individual employees, was formalized by order of the manager in agreement with the trade union committee, which determined the beginning and end of the working day, as well as periods of mandatory presence and a flexible part of working time.

At that time, according to the heads of enterprises where a flexible work schedule was used for a relatively long time (three, five or more years), such a working day had a number of advantages: reducing the loss of working time (since with a flexible work schedule, absence time had to be worked out in during the accounting period); reducing the use of overtime; reducing cases of being late for work and leaving work early, etc. In addition, at large enterprises, problems associated with the simultaneous arrival and departure of a large number of employees were solved. The introduction of a flexible schedule helped reduce staff turnover, resulting in reduced training costs.

In the early 80s. industry methods for introducing flexible working hours were developed. Although, in practice, the flexible working time regime has already been used by many organizations for quite a long time, at the legislative level this working time regime has not been regulated. Labor Code 1971 did not contain a single article where he was even mentioned.

Its legal regulation began in 1984 with the approval of the Regulations on the procedure and conditions for the application of a sliding (flexible) work schedule for women with children, which recommended the use of a sliding (flexible) work schedule for workers with children.

Subsequently, in 1985, Recommendations on the application of flexible working hours in enterprises, institutions and organizations of sectors of the national economy were adopted, which are the first act regulating the application of flexible working hours for all workers. They contain the basic organizational and methodological principles for the transition of enterprises, organizations and institutions to a new mode of operation; provisions on the procedure and organization of work in flexible working hours; research methodology before its implementation; methodology for recording and monitoring the use of working time; recommendations for assessing the effectiveness of the flexible working time regime. However, they are not a normative legal act, but are only advisory in nature.

As you know, acts adopted back in the Soviet period of the development of our state can be applied provided that they do not contradict the current labor legislation, therefore many of the norms of the Recommendations are still in force, and they have not been officially repealed.

So, according to clause 1.3. Recommendations, flexible working hours are defined as follows - this is a form of organization of working time in which individual employees or teams of enterprise divisions are allowed (within certain limits) self-regulation of the beginning, end and total duration of the working day. In this case, it is required to fully work out the total number of working hours established by law during the accepted accounting period (working day, week, month, etc.). The use of flexible working time regimes should promote the most appropriate organization of production and labor, increase its discipline and efficiency, and ensure the best combination of economic, social and personal interests of workers with the interests of production.

In accordance with Art. 102 of the Labor Code of the Russian Federation, when working in flexible working hours, the beginning, end or total duration of the working day (shift) is determined by agreement of the parties. The employer ensures that the employee works the total number of working hours during the relevant accounting periods (working day, week, month, etc.).

Since the Labor Code does not contain a clear definition of the working time regime in question and does not regulate the procedure for its introduction and application, all necessary issues are resolved by the employer independently and are recorded in local regulations. At the same time, employers can take advantage of the Recommendations on the application of flexible working hours at enterprises, institutions and organizations in sectors of the national economy, as well as the Regulations on the procedure and conditions for the application of a sliding (flexible) work schedule for women with children.

The components of flexible working time regimes and schedules are:

variable (flexible) time at the beginning and end of the working day (shift), within which the employee has the right to start and finish work at his own discretion;

fixed time - the time of mandatory presence at work for all those working in flexible working hours in a given division of the enterprise. In terms of importance and duration, this is the main part of the working day.

Fixed time allows you to ensure the normal course of the production process and make the necessary service contacts. The presence, along with fixed time, of two variable time intervals allows you to work out the required total number of working hours in the accepted accounting period.

These are the following intervals:

a meal and rest break that usually divides a fixed amount of time into two approximately equal parts. Its actual duration is not included in working hours;

the duration (type) of the accounting period, which determines the calendar time (month, week, etc.) during which each employee must work the standard working hours established by law.

The specific duration of the components of flexible working time regimes and the type of accounting period are established by the employer. Options for constructing flexible working time schedules may vary depending on the adopted accounting period, the time characteristics of each of the components of the flexible working time regime, as well as the conditions of their application in different departments (shifts).

In this case, as a rule, the maximum permissible working day on certain days cannot exceed 10 hours. Breaks for meals and rest cannot be more than two hours and less than 30 minutes. In exceptional cases dictated by production conditions or other circumstances, the maximum length of time spent at work (including a break for food and rest) is within 12 hours.

The flexible working time regime can be applied simultaneously with the part-time working time regime established for the employee. In this case, the standard working time decreases and must be adjusted taking into account the actually established weekly or monthly standard of working time.

Example 1.5. The organization has established a flexible working time regime for engineering and technical personnel.

Variable hours: start of work - from 8 to 11 o'clock; closes from 17:00 to 19:00.

Fixed time - from 11 to 17 hours.

Break for food and rest - from 13 to 14 hours.

The duration of the accounting period is a month.

Each employee can choose the time of coming to work and leaving work within established limits. This means that the length of the working day can vary from 5 to 10 hours (a break for food and rest is not included in working hours). At the same time, each employee is obliged to work the standard working hours established by law for a month.

If, in accordance with the data of the working time sheet (forms No. T-12 and No. T-13), it is discovered that the employee in the accounting period worked less than the established working hours (provided that this employee was not released from work during the accounting month) for any reason - due to temporary disability, vacation, etc.), then in the next accounting period the missing hours must be fully worked out. And vice versa, if the normal working hours in the accounting period were exceeded (except for the case when the employee was involved in overtime work by order of the head of the enterprise in accordance with Articles 97, 99 of the Labor Code of the Russian Federation), then the excess hours worked must be counted in the next accounting period .

Depending on the duration of the accounting period, the form of accounting for working time is determined:

if the accounting period is equal to a working day, then daily accounting is applied (the daily norm of working time is fully worked out on the same day);

if the accounting period is equal to the working week (the normal duration of the working week, set in working hours, is fully worked out in this working week; the length of the working day may fluctuate), then a weekly record of working time should be kept;

if the accounting period is equal to a working month or more, then the accounting of working time must be summarized.

It is not recommended to use flexible working hours in continuous production, in conditions of three-shift work in discontinuous production, in two-shift work, if there are no free jobs at the junctions of shifts, and also in a number of cases determined by the specifics of production.

Opportunities for the use of flexible working time regimes in individual enterprises (in their divisions) may also be limited:

conditions of intra-production cooperation and external relations of the enterprise;

the characteristics of the work of certain categories of workers and the nature of the functions they perform;

lack of proper order in rationing labor and recording working hours;

low level of organization of labor and production, weak labor discipline;

special conditions for labor protection and safety, as well as a number of other conditions and features.

The variety of types of flexible working hours and forms of remote employment used in practice is explained, on the one hand, by the desire of organizations to adapt to changing environmental conditions associated with the strengthening of the globalization of the economy, the development of information technology and Internet business, on the other hand, the need to meet the needs of employees, striving to strike a balance between work and personal time.

A flexible work regime in the practice of modern organizations is no longer an exception to the rule, but a growing trend that determines the vector of development, as evidenced by research data.

§ 3. Shift work

When working in shifts, the working hours for daily accounting are established by the shift schedule. It indicates the number of shifts and their duration, the start and end time of work in each shift, the order of transition from one shift to another. In this case, the following requirements established by law or on the basis of law must be observed.

During shift work, each group of workers must work for a specified working time in accordance with the shift schedule.

Working two shifts in a row is prohibited. In accordance with established practice, workers rotate in shifts evenly, that is, after a certain time. Therefore, the transition from one shift to another is made in a week.

The role of the shift schedule at enterprises is extremely large, since it should establish the mode of operation of both the enterprise as a whole and its individual workshops and services, and it is in it that the issues of using working time should be reflected, the possible number of shifts should be established, the duration of working time during shifts (start and end of shift), rest breaks and shift rotation order. The schedule may provide for the procedure for the transition of workers from one shift to another, as well as the actions of the employer and employee in the event of a shift worker’s failure to appear.

Unfortunately, the Labor Code of the Russian Federation does not contain the concept of a shift schedule, and the requirements that must be presented when drawing it up are not established. Shift schedules, as a rule, are an appendix to the collective agreement and are brought to the attention of employees no later than one month before they come into effect. It seems appropriate to indicate in the Labor Code of the Russian Federation the requirements that employers must fulfill when drawing up shift schedules.

When redistributing workers among shifts, the suggestions and wishes of the team should be taken into account to the maximum extent possible, using surveys, questionnaires and other forms of identifying public opinion. World practice follows the same path: before introducing work schedules that require the use of night work, the entrepreneur consults with representatives of interested workers regarding the specific content of such schedules and forms of organization of work at night that are most suitable for the enterprise and its personnel, as well as regarding necessary measures for occupational health and social services.

If the length of shifts on different days of the week is different, subject to the weekly standard of hours, weekly accounting of working hours can be used, which takes into account both the number of working days and the number of working hours per week.

Conclusion

Working time is the time during which an employee, in accordance with internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time (Article 91 of the Labor Code of the Russian Federation).

In general, working hours include periods for performing basic and preparatory and final activities: receiving work orders, receiving and preparing materials, tools, preparing the workplace and cleaning it at the end of work, etc.

In this case, the following does not apply to working time:

on the road from home to the workplace, including the travel time from the checkpoint to the workplace;

to change clothes;

for lunch, smoke breaks, etc.

The specifics of including specific categories of workers in working hours (for example, railway transport workers, metro workers directly related to ensuring the safety of trains and servicing passengers, rescuers, etc.) for certain periods are established by regulatory legal acts.

Some experts point out that working time includes periods of downtime - temporary suspension of work for reasons of an economic, technological, technical or organizational nature.

In the author's opinion, this approach is incorrect. Of course, downtime is included in the standard working time (i.e., it is not subject to subsequent work). But at the same time, downtime is a period of suspension of work, i.e. non-working hours. Payment for downtime is not wages (remuneration for labor), but refers to guarantees.

Protecting the rights and interests of employees, the Labor Code establishes:

the maximum working hours within which working conditions can be considered “normal”.

The maximum working time depends on the physical condition of workers (age (up to 18 years), the presence of disability is taken into account), as well as working conditions (the presence of production factors in which the work is considered harmful and (or) dangerous);

the maximum permissible amount of working time that an employee can work in excess of the established normal duration, i.e. in working conditions that deviate from normal;

mandatory conditions that must be taken into account when establishing working hours, including the minimum duration of rest time.

The Labor Code, and in a number of cases other federal laws and regulations establish the maximum working hours: normal (Article 91 of the Labor Code of the Russian Federation) - in the general case; abbreviated (Article 92 of the Labor Code of the Russian Federation).

A part-time working regime can be established by agreement between the employee and the employer in the form of a part-time working day or a part-time working week, or a combination of both, but with mandatory payment in proportion to the time worked or depending on output.

Part-time work can be set for any employee. But the employer is obliged to establish part-time working hours at the request of the following employees: a pregnant woman, a woman with a child under 14 years of age (a disabled child under 16 years of age), a person caring for a sick family member in accordance with a medical report, as well as disabled people I and II groups.

Labor legislation also provides for such a concept as irregular working hours. This is a special work regime, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside of normal working hours. The list of such employees is established by a collective agreement, agreement or internal labor regulations.

As a rule, the maximum working time is set for a week. In this case, the length of the working day (shift) depends on the length of the working week (5-day or 6-day) and (or) working hours (multi-shift, flexible, etc.).

Labor legislation limits the duration of daily work (shift) in certain cases:

for persons under the age of 18 (Article 94 of the Labor Code of the Russian Federation). The purpose of the established restrictions is to prevent physical and psychological overload of adolescents, to create conditions for them to continue their education;

for workers engaged in work with harmful and (or) dangerous working conditions (Article 94 of the Labor Code of the Russian Federation). The goal is to limit the time employees are exposed to harmful and (or) hazardous production factors, including to prevent industrial diseases;

on the eve of weekends with a 6-day working week (Article 95 of the Labor Code of the Russian Federation). The purpose is to ensure compliance with the provisions of Art. 110 of the Labor Code of the Russian Federation, according to which the duration of weekly continuous rest cannot be less than 42 hours;

on the eve of non-working holidays (Article 95 of the Labor Code of the Russian Federation);

at night (Article 96 of the Labor Code of the Russian Federation).

Compliance with normal and shortened (reduced) working hours is mandatory for all organizations, regardless of their form of ownership.

Closely related to the issue of working time is the issue of rest time. What is meant by rest time, what types of rest time are provided, when annual paid leave (main and additional) is provided, when it is possible to provide leave without pay, how the duration of leave is calculated, compensation for unused leave.

The main feature of the current legislation on working time is the absence of strict boundaries of the working day: only the duration of the working week is established. The boundaries of the working day (shift) are determined by internal regulations and are the subject of contractual relations; they are enshrined in collective agreements or agreements (if any).

The crisis processes that gripped the economy of enterprises at the end of 2008 were accompanied not only by mass layoffs of personnel, but also by the use of forced labor in the form of lengthening the working day, combining operations (service areas), and reducing the duration of vacation. At the same time, none of the employees even tries to object for fear of losing a good (by Russian standards) paid job.

The fact is that excess work is not prohibited by the Labor Code. Operating since 2002 The Labor Code in a number of articles provides for the possibility of working outside normal working hours, both at the initiative of the employee (part-time work, overtime) and at the initiative of the employer (Articles 97, 98, 99, Chapter 15, Section IV of the Labor Code). At the same time, the possibility of both internal (within the enterprise) and external part-time work is provided. A violation of the law can only be recorded in cases where the working day is beyond 12 hours.

The practice of using a 9-10-hour working day in the light of the current Labor Code is not a violation, since the acceptable boundaries of the working day are not defined; There is also no responsibility for employers for using excess time.

It is possible to maneuver the boundaries of the use of labor by using “flexible” working time regimes (Article 102, Chapter 16, Section IV of the Labor Code). In this case, the duration of the working day should be determined by agreement of the parties. In accordance with the law, the employer is required to keep records of the accumulated number of hours during the accounting period (day, week, month, year); There are no restrictions on the total amount of hours worked. In practice, this is accompanied by serious violations in the regimes of work and rest, since the law does not contain mandatory conditions for the application of flexible working time regimes. There is also no corresponding statistical reporting.

Recall that in 1987 a special Regulation on the rotational method of organizing work was adopted, according to which, even under such conditions, the duration of daily work should not exceed 12 hours, and the rest between shifts (within the shift) should not be less than 12 hours. Underused weekly rest summed up and provided in the form of free days during the accounting period (month, quarter, year). The main element of that Regulation was the “social” part, which provided for the provision of certain regulatory conditions of life (regular meals, health resorts), as well as a medical examination of personnel: two to four days before “taking over” the shift, each employee in a mandatory examined by a general practitioner. The administration of the enterprise was responsible for all this.

Unfortunately, in the current TC there is no such social and household part. Article 297 of the Labor Code provides only a definition of the rotational method, the conditions for its application and the requirements for the complex of buildings and structures necessary for the accommodation of workers. The law provides for the duration of the shift - up to one month; in exceptional cases, the shift may be increased to three months (Article 299 of the Labor Code). The summarized accounting of working time should cover the entire period of work, but not more than a year (Article 300 of the Labor Code).

So, modern legislation does not contain any restrictions on the use of labor. There is also no provision on mandatory prior reporting on the actual costs of working time. The responsibility of employers for the use of excess labor and the state of health of workers, their improvement is not fixed; the procedure for compensation for hard work on a shift has not been determined. In world practice, this whole set of measures is called "social recovery", which provides for increased wages and guarantees of good rest.

Note: in world practice, flexible working hours using part-time work are very popular. Such regimes are often used in the conditions of reconstruction of enterprises, in the development of new technologies, etc. This allows not only to increase the efficiency of production and maintain the efficiency of all those employed in it, but also to allocate time for professional retraining in connection with updating technologies.

The use of a shortened working day, on the one hand, makes it possible to reduce the number of errors among operators and increase their efficiency, on the other hand, it helps to increase the number of jobs. Part-time jobs and a reduced number of days a week are readily available to women with children; youth who study; other categories of citizens. Under these conditions, a 25-, 28-, 30-hour work week with a 4-, 5-, 7-hour working day is widely used.

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