Legal regulation of accounting of working time. The list of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to a reduced working time, is approved in the manner prescribed by law.

Working time is the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform 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 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 to be a period of downtime, breaks for heating and rest, breaks for feeding a child, time spent on a business trip, time between shifts of rest during the period stay on watch.

Normal working hours may not exceed 40 hours per week. The normal duration cannot be changed by other normative acts and by agreement of the parties.

Local regulations may establish the length of working hours for employees. At the same time, it must be remembered that collective agreements, agreements, labor contracts cannot contain conditions that reduce the level of guarantees for employees 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 that are not within the jurisdiction of federal government bodies. 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 hours: a) normal working hours; b) reduced working hours; c) part-time work

Labor legislation establishes the following types of working time:

normal working hours;

reduced working hours;

part-time work.

Normal working time is the length of working time 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 duration of working hours is established by the collective agreement, 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 a week, acts as the real norm of working time.

Reduced working time is understood as working time reduced in comparison with the normal one, when its reduction is carried out in accordance with the law or a collective agreement.

Reduced working hours are set:

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

for employees 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 a week;

for workers employed in jobs 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 relevant legal act of the Government of the Russian Federation is adopted, the Decree of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 N 298 / P-22, the List of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and shortened working hours 20 .

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

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

Thus, the establishment of reduced working hours is the responsibility of the employer. When concluding an employment contract, the parties are not entitled to increase the duration of working hours established by law.

Unlike reduced working time, part-time work can be established by agreement between the employee and the employer, both at the time of employment and subsequently.

Part-time work is called working time, the duration of which is less than normal. In the event that an employee, in accordance with the law, has the right to reduced working hours, part-time time will be considered shorter than the corresponding norm of reduced working hours.

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

Working on a part-time basis does not entail any restrictions for employees on the duration of the annual basic paid leave, the calculation of seniority and other rights. At the same time, the employee is deprived of the right to additional leave provided for by Article 116 of the Labor Code of the Russian Federation if he is assigned a part-time job. If a part-time work week is established for him, then the right to the specified additional leave is not lost.

Introduction. 3

1. The concept and significance of the legal regulation of working hours. four

a). The concept of working time. four

b). Significance of regulation of working hours. four

in). 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 of regulation of working hours. ten

3. Working hours outside of its 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 the terms of internal or external part-time work. fourteen

4. Working hours. 16

Conclusion. twenty

A task. 21

The purpose of this work is to study the new Labor Code of the Russian Federation in terms of the 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 used.

The first chapter gives the basic concepts, discusses the importance of the 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 correlation of state and contractual methods of regulating working time.

The third chapter discusses the features of the regulation of 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 regime and various ways of accounting for working time.

In conclusion, the main conclusions are given.

The legal regulation of working hours establishes the types, norms, duration and mode of working hours, as well as the procedure for working in excess of the established working hours.

Art. 91 of the Labor Code of the Russian Federation defines working 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, are related 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, the working time is also the time of work in excess of the established duration in cases provided for by law. This work must be compensated to the worker. An unpaid break for rest and meals is not excluded during working hours, but the time (moment) of the end of the working day (shift) depends on its duration. Unpaid leave, as well as absenteeism, lateness, and early departure from work are not included in working time. However, in accordance with labor law, the loss of working time is not subject to compensation by working off.

The importance of the regulation of working time is great, it is one of the legal guarantees of the right of citizens to rest, therefore, the rules on working hours are inextricably linked with the rules on rest time. Working time as a condition of work 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 whose policy is aimed at creating conditions that ensure a decent life and free development of a person. .. Labor and health of people are protected in the Russian Federation..». The establishment in the norms of law of the normal duration of 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 are necessary), contributes to the implementation of the constitutional policy of the Russian state, and also allows: to ensure health protection employee, contribute to his working longevity; receive 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 the duration of work.

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 procedure and methods for distributing working time within a day, week or other calendar period; rules for the use of working time; working hours, etc.

All of the above reflects the high importance of the 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 a person, ensuring labor protection and people's health; as well as the fulfillment by Russia of its function as a welfare state.

It is the responsibility of both the employer and employees to comply with labor law regulations regarding working hours and rest periods. Employees are obliged to use all working time for productive work, and the employer is obliged 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 incorporated the main provisions of Chapter 4 of the Labor Code. At the same time, some new nuances and accents 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 determined those cases in which the issue of overtime work has the right to decide the employer himself (Article 99). This list includes works, the issue of 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 coordination. In this case, the written consent of the employee involved in overtime work is required. In other cases, involvement in overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected trade union body of this organization. At the same time, the existing restrictions on the duration of overtime work were retained. In addition, the legislator banned internal part-time employment in the main position of an employee.

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

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

The new Labor Code introduced an article on irregular working hours. In addition, the duration of the working day was reduced from 6 to 5 hours with a six-day working 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 its types by duration, such as normal, reduced, incomplete. 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 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 value of every hour, every minute of working time, strict observance of the rules of internal labor regulations is increasing.

In the use of working time, the mode of working time is of great importance. The growth of work productivity and the intensity of production depends on how correctly and rationally the work and rest alternate at the enterprise.

The degree of knowledge this issue is quite high. Alexandrov 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 scientists, legal acts 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.

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 regime of work with normal working hours, making a number of proposals to combat overtime at the enterprise.

Based on the purpose of the work, we are facing following 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 accounting for working hours,

Determine the features of the legal regulation of the "daily" mode of operation

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

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 the 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

The legal regulation of working time arose relatively recently, and the very concept of working time 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. In paragraph 32 of chapter XII of this decree it was said that in the period from March 10 to September 10, the bell should be struck at work in the morning an hour before sunrise, and in the evening from work - an hour after its sunset according to the calendar (i.e. ringing 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 - 15-16 hours. The capitalists, at their own discretion, set the conditions of employment, the length of the working day 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 by adopting 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 were mainly concerned with wages and treatment of workers, and not with the 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 protest of the workers acquired the features of a strike struggle on an unprecedented scale 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 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 factory labor laws adopted later was called “On juveniles working in factories, factories and manufactories”.

The Act contained, among other things, the following provisions:

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

2) Adolescents between the ages of 12 and 15 must not work more than 8 hours a day, not including the time needed for breakfast, lunch, dinner, school attendance and recreation, and only between 5 am and 9 pm;

4) business owners 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 indefinite, on February 26, 1885, the “Rules for Manufacturers and Instructions for Factory Inspectorate” were published, designed to clarify the content of the named 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 of the following content:

1) "Prohibit by experience for three years, from October 1, 1885, for women and adolescents who have not reached 17 years of age, night work in cotton, linen, and woolen factories, providing the Ministry of Finance, in mutual agreement with the Minister Internal Affairs, the possibility of extending this measure to other industrial institutions with a warning that the manufacturers by the time of the usual hiring of workers,

2) "To give the Minister of Finance, in agreement with the Minister of the Interior, the opportunity to subject the question of night work of adolescents and women to a comprehensive examination no later than the period of three years established in the previous article."

On June 3, 1886, the “Rules on the Hiring of Workers in Factories, Plants and Manufactories” and “Special Rules on the Mutual Relations of Manufacturers and Workers” were approved. These normative acts, first of all, provided for the conclusion of an employment contract with a record of its conditions in a passbook approved by the factory inspectorate, which received the right to approve the internal regulations, including the work schedule, at enterprises that were subject to its control.

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

In the 80s and 90s of the 19th century, during the period of counter-reforms, the rights of workers, enshrined in factory labor legislation, were noticeably curtailed. So, on April 24, 1890, the State Council adopted a resolution on amendments and additions to the relevant articles of 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. In particular, there was an expanded scope for the use of juvenile labor by allowing the work of juveniles (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 "will be found useful."

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

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

The work of minors (under 12) was prohibited. Overtime was limited to 120 hours per year (this provision, however, had a caveat). At the same time, the circular of the Ministry of the Interior of August 12, 1897, increased the penalties for unauthorized leaving work at the end of the employment period and for strikes. Although this law was not always implemented to the extent of the unscrupulous work of factory inspections, it laid the foundation for the legal regulation of working hours 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 activity of the Provisional Government in introducing the eight-hour working day was reduced to the fact that in a special committee of the Ministry of Labor it was only discussed, without any practical steps, the question of the procedure for creating such legislation.

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

In the development of this manifesto, the Central Executive Committee and the RNC 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 length of the working week was actually set at 35 hours. Every sixth day - 6th, 12th, 18th and 24th of each month, regardless of what day of the week they fell on, was declared a day off.

However, due to the tension in the international situation, 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 unauthorized departure of workers and employees from enterprises and institutions” again made the transition to an eight-hour working day. day. The length of the working day was increased from seven hours 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 was completed in Russia in 1972 with the adoption of the New Labor Code.

According to Art. 41 rationing of the length of working time for all workers and employees is carried out by the state with the participation of trade unions. Norms of 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 length of working time of workers and employees at enterprises, institutions and organizations may not exceed 41 hours per week. For workers and employees under eighteen years of age, a reduced working time is established: at the age of 16 to 18 years - 36 hours a week, and at the age of 15 to 16 years - 24 hours a week.

Since September 25, 1992, the Labor Code of the RSFSR has been renamed into the Labor Code of the Russian Federation. There have been no fundamental changes in the working time of an employee, but this law establishes a 40-hour work week.

The legal basis of 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 time established by federal law, weekends and holidays, and paid annual leave. Also, working time in the Russian Federation is currently regulated by the Labor Code of the Russian Federation.

Working time is a very important concept. As an economic concept, working time is a particle of the individual participation of workers in a common 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, becomes a legally binding norm for the duration of the 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 the worker or employee, due to the obligations that arise from the employment relationship, must perform his labor function or other work that entrusts him.

As an exception, working hours also define separate periods of time during which the employee is free from the performance of his labor duties, but he is paid wages during this time. Such periods are directly indicated in the law and are counted as working hours (breaks for women in case of feeding a child, for loaders, a break for heating during the cold seasons, etc.).

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

Legislation provides for the delimitation of working time into separate types. There are two main types of working time. This is, firstly, normalized working hours and, secondly, non-standardized working hours.

In turn, normalized working time is divided into:

1) working hours of normal duration,

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 salary, 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.

Reduced hours of work means that the time during which the employee must perform work duties is reduced, but the employee is entitled to wages in the amount of the full tariff rate, full salary. Reduced hours of work are usually established by law. Reduced working hours are set for employees aged 16 to 18 years - 35 hours per week, for persons aged 15 to 16 years (students aged 14 to 15 years who working during the holidays) - 24 hours a week. The duration of the working time of students who work during the academic year in their free time cannot exceed half of the maximum duration of working time provided for persons of the corresponding age.

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

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

Part-time work differs from reduced work time in terms of wages. For worked normal or reduced working hours, the employee, with hourly wages, is paid the full, established in the appropriate manner, tariff rate (official salary). In case of part-time work, if the 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 (the establishment of part-time work by agreement of the parties to the employment contract), certain categories of workers are granted the right to establish part-time work. These are pregnant women, women who have a child under the age of 14 or a disabled child, or are taking care of a sick family member according to a medical report. The owner is obliged, at the request of such employees, to establish part-time work. 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 mother's prolonged stay in a medical institution, as well as to a guardian (guardians). The owner is obliged, at the request of an employee who is entitled 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 work for the employee. At the same time, he must necessarily comply with the procedure for changing the essential working conditions, which is provided for in Article 74 of the Labor Code of the Russian Federation.

Working time requires a strict regime and taking into account its duration at each individual enterprise. Therefore, in the legal regulation of working time, a special place is occupied by methods for building a regime and taking into account the length of working time.

The mode of work or working time is a certain order of distribution of the norm of time, in particular, its beginning, end and breaks in work.

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

A special kind of working time regime is the regime in which the summarized accounting of working hours is introduced. The regime of summarized recording of working time 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 established by law for this category of workers cannot be observed. daily or weekly hours of work.

Overtime work in the case of summarized accounting of working time is work in excess of the established working hours for the accounting period. Under current law, overtime work is generally prohibited. In the event that employees are involved in overtime work in exceptional cases provided for by law, limiting norms are set - four hours for two consecutive days and 120 hours per year for each employee. Overtime pay is increased. Employees who have entered into an employment contract with the condition of part-time work cannot generally be involved in overtime work. They can be involved in work in excess of the established norm of working hours, with the consent of the parties, only on the basis of mutual agreement with payment for work leaving the usual (single) rates.

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

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

A work shift is the length of working time throughout the day according to a work schedule or schedule. Shift schedules are approved for "daily" shift work during the day (days). Shift schedules can be two- or three-shift, and in continuously operating enterprises - and four-shift. Shift schedules are provided to employees for review, as a rule, no later than 1 month before they are put into effect. Transition from one shift to another, as a rule, should be carried out every working week at the hours determined by the shift schedules.

By the beginning of work, each employee is obliged to mark his arrival at work, and at the end of the working day (shift) - his departure from work in the manner established by the enterprise. In continuously operating industries, employees are prohibited from leaving work until the shifter arrives (according to the Typical Internal Labor Regulations).

A special type of working hours is a mode of work with the distribution of the working day into parts. The distribution of the working day into parts is provided for by 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 duration of the break, which allows it to be qualified as a break for meals and rest. The division of working time into parts is established for city 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 normative acts regulating the question of working time and rest time in certain areas of the national economy.

From the point of view of the practical application of labor law norms, the most problems arise in the regulation of working hours with a summarized account of its duration. As a rule, summarized accounting is used for "daily" shift work.

Let's debug in more detail the permissible standards for the duration of a work shift throughout the day. Shifts can be day, evening or night. The duration of the 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), and may be more or less than it. The duration of the shift with the summarized accounting of working time should not exceed 12 hours. In accordance with the provisions of the 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 days off, the duration of a work shift with a 6-day working week cannot exceed 6 hours. The duration of the working shift is also subject to a decrease by 1 hour for both a 5-day and a 6-day working week on the eve of public holidays. This rule does not apply to those employees for whom the established reduced working hours. In cases where a holiday is preceded by a day off according to the calendar or work schedule, the duration of daily work (shift) is not reduced before the holiday. If in continuously operating organizations and in certain types of work it is impossible to reduce the work shift on the eve of the initial and holidays due to production conditions, additional rest time is provided for processing these days or it is paid in the same way as overtime work.

A shift for employees aged 15 to 16 cannot exceed 5 hours, for minors aged 16 to 18 - 7 hours, for children aged 14 to 16 who combine work with study - 2.5 hours.

As mentioned above, the working hours of employees with a summarized accounting of working hours are 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. In the schedules (or in the order on the introduction of the mode of work according to the schedule) it is noted: the start time, end and duration of daily work (shift), time for breaks for rest and eating, as well as the time for inter-shift and weekly rest.

Shift schedules are actually a time sheet, only drawn up before the start of the accounting period and without taking into account some deviations: absenteeism, unscheduled vacations, illness, etc.

When drawing up work schedules, the responsible person, no doubt, must take into account: the existing schedule of annual planned holidays, the list of employees who are sick at the time of the schedule, the list of employees who are on leave due to 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 employees and, if necessary, is 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 employee team) and are given to each employee for familiarization.

The summed accounting of working hours is also used when using one of the progressive forms of accounting for working hours - the flexible working hours 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 up 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 certain problems. Let's consider three options for shift schedules, the most rational and frequently 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 the labor resource in accordance with intraday load fluctuations. A 2-shift morning-evening schedule is applied when the enterprise operates 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. The staff works 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 number of shifts 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. one.

The advantages of a two-shift morning-evening schedule are an increase in the operating time of the enterprise up 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

Intraday peak load coverage schedule for 2-shift operation

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 weekly workload of an employee is 40 hours per week. With a shift 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

Duration 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, N - 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 of 10 people, the average monthly resource will be 7200 people / hour.

The advantages of the 4-shift schedule are the maximum realization of the potential of production capacities, the prompt fulfillment of applications, orders due to the processing of the volume of orders received during the previous day by the night shift, as well as the possibility of ensuring a continuous process of processing the flow of goods or the production process.

The disadvantages are the need to organize round-the-clock functioning of services that ensure the working conditions of equipment and personnel, as well as the lack of a reserve of overtime hours of work for personnel after a 12-hour shift (with the exception of the withdrawal of shifts on the day, a 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 accounting of working time. Since we have already reviewed the federal Russian legislation regulating the working hours, we will get acquainted with the functions and types of local legal acts. The main ones are the Labor contract and the Internal Regulations of the enterprise.

By concluding an employment contract, employees are included in the relevant team, take on the obligation to perform a certain labor function for the time prescribed by law, in compliance with the rules of internal labor regulations. So, the legal content of working time at the local level is considered to be the length of working time established by the employment contract and labor regulations.

The internal labor regulations are a local normative act that determines the subjective obligation of the worker to perform a labor function during working hours, which is already established by law. The fact that the norms of the length of working time should be determined precisely by law must be emphasized when introducing the concept of working time. There is another point of view expressed in the literature. So, L.O. Syrovatskaya believes that the expression “established by law” or “based on it” does not give grounds to include one or another period of time in the definition of the concept of working time, since not all components of working time are established by the legislator. It is absolutely true that the duration of working time, work shifts is determined by the administration of the enterprise or by 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 normative legal acts that regulate the internal labor schedule can be legally classified into two types: general norms (Labor Code of the Russian Federation, Typical internal labor regulations, etc.) and special-purpose norms that take into account the specifics of certain areas of the economy, as well as features of the work of certain categories of workers (industry-specific internal labor regulations; charters on discipline; regulations on discipline of certain categories of workers, etc.).

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

The current Typical internal labor regulations for workers and employees of enterprises, institutions, organizations were approved by the resolution of the USSR State Committee for Labor and the All-Russian Central Trade Union of Trade Unions of July 20, 1984 (Bulletin of the USSR State Committee for Labor. - 1984. - No. 11). Now the model rules are in force in the part that does not contradict the Labor Code of the Russian Federation. This is a normative act of general action, in which provisions are formulated that determine the labor schedule at various enterprises. Sectoral 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 the mode of work and rest. The internal labor regulations at a particular enterprise, institution, organization are determined by the rules / internal labor regulations, which are approved by labor collectives on the proposal of the owner or a body authorized by him and the trade union committee. These rules specify the mode of working time and rest time.

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

The normative acts of the enterprise regulating the working hours serve as the main tool for protecting the labor rights of the employee. In case of violation of the working time regime established by federal legislation, or if it does not comply with the conditions of local regulatory legal acts, the employee can go to court, referring directly to the Labor, collective agreement and Internal Regulations.

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

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

The norm of the working day with a five-day or six-day working week is the same number of hours. The statutory weekly norm of working time is implemented within each calendar week with the full number of working days. With a schedule based on weekly hours of work, daily hours may vary from day to day.

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 a reduction in working time by one hour the day before on the 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 persons. The legislative consolidation of special working time regimes is due to the special conditions and nature of work, the specifics of the position held, the social function of persons, etc.

Special working hours include irregular working hours; interrupted working hours; flexible work schedule; shift 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 irregular working hours only occasionally, if necessary. Therefore, if such a work schedule is systematic or permanent, it will be a clear violation of the Labor Code.

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

In non-governmental organizations, the List of employees with irregular working hours is approved by order, order 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 from these departments, employees of business units, their deputies, specialists of all names and categories, other employees (technical performers), drivers of official 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 holidays and additional paid holidays for irregular working hours of employees of the central office of the Ministry of Justice of Russia."

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

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

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

The next type of special working hours is the shift method of organizing work. The legal regulation of the introduction and use of this mode is carried out by the "Basic provisions on the rotational method of organizing work."

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

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

To monitor the implementation of the norm of working time with the shift method, a summarized accounting of working hours is used. The duration of the accounting period with the rotational method of organizing work can be one month, quarter, year. The accounting period includes the time of work on a shift, the time of travel to the place of work and the time of rest that falls on this period.

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

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

It is forbidden to involve persons under the age of 18, pregnant women in work on the terms of the shift method; women who have children under 14, people who have medical contraindications for this type of work.

There are three ways of accounting for working time: daily - used for a six-day working week of a normalized working regime, - weekly - used for a five-day working week and summarized.

Daily accounting of working time is used in cases where the daily working time is constant and provides for the calculation of hours worked during each day. In case of daily accounting, the mutual offset of processing within 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 working hours are observed, and more (compared to the norm) hours can be worked on one day, and less on the other. This type of accounting is used for part-time work, as well as for flexible, rotating work schedules.

Irregular working hours, including shift work, require a type of working time accounting, which is called total or summed.

In particular, summary or summarized accounting of working hours can be used for employees of railway transport, car drivers, employees of operating 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 - an accounting period (month, quarter, season, year).

For the implementation of summarized accounting, the most optimal period (monthly, quarterly, annual) is selected, during which the accounting of working time is carried out with the condition that the norm for each employee should not exceed 40 hours.

There is no general regulatory legal act that would determine the procedure for applying the total accounting of working hours. According to Art. 13 of the Law of Ukraine "On Collective Contracts and Agreements" of 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" of November 24, 1995 No. 176-FZ in the collective agreement establishes the mutual obligations of the parties, in particular the mode of operation, the duration of working hours and rest.

Therefore, we can say that the Russian labor legislation requires the specification of the norms of summed time recording.

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

A record of actual hours worked must be kept for each employee. For this, standard forms are used:

Time sheet and payroll calculation (T-12 form),

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

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

The working time of employees in the Report Card can be marked in two ways: by permanently fixing attendance and non-attendance at work, and by fixing only violations - absenteeism at 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 upper one - with the placement of conventional signs of the costs of working time and the lower one - for placing information by numbers about hours and minutes of labor time, both worked and missed, expressed in the form of codes for the cost of working time.

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

All information in the Time Sheet is entered only on the basis of duly executed documents: a certificate of incapacity for work, certificates of performance of state or public duties, etc.

Obviously, the Timesheet should contain the most complete information about the use of working time by the employee.

If necessary, additional columns and lines can be added to the unified form of the Time Sheet. In accordance with the Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1, only the removal of individual details from unified forms is not allowed.

In which cases the introduction of additional lines or a column in the Time Sheet is required, each organization determines independently.

So, for example, additional lines are necessary in cases where not only the length of the working day (shift) should be reflected, but also indicate that a certain part of the working day (shift) is worked at night, overtime.

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

At the same time, in the main line of the Timesheet, you can put down the total duration of working time (i.e., the time during which the employee performed his job duties), and in the additional line - the time of work in difficult, harmful and (or) dangerous working conditions.

Table 4

Codes of the time sheet in the form T-12

Types of working hours	The document on the basis of which a mark is made in the report card
		Letter	Digital
Working hours during the day
Working hours at night	Shift schedule, order to bring to work at night
Work on weekends and holidays
Overtime work	The order of the head to attract to work
Business trip	Order on sending on a business trip with the signature of the employee

If necessary, additional symbols can 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, leaving work before the end of the working day in the Timesheet. Although, in these cases, it is more logical to simply reflect in 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 in the accounting of working hours:

1. The timesheet is not maintained.

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 time sheet "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" mode of operation

The “daily” mode of operation provides for the distribution of working time by shifts throughout the day. Possible examples of a shift mode of operation were considered by us in the first chapter of this work. Now we will carry out a comparative analysis of the shift regime with a normalized working day.

Normal working hours under Russian labor law are 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 length of the working day up to 12 hours, and change the weekly work schedule. With a shift schedule, in contrast to the standardized work regime, overtime hours inevitably accumulate, and their number often exceeds 120 hours per year, and this cannot be allowed (Article 99 of the Labor Code of the Russian Federation). Therefore, it is necessary to introduce a summarized accounting of working hours (Article 104 of the Labor Code of the Russian Federation). It is also necessary to establish at an enterprise operating in 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 norm 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 weekends (Saturdays and Sundays) falling on a shift are not paid in an increased amount, 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 the age of 18 are not allowed to night shifts (Article 96 of the Labor Code of the Russian Federation).

For violation of labor protection standards, a company may face administrative liability: officials of a company (for example, a manager) can be fined 500-5000 rubles, an entrepreneur faces a fine of 500-5000 rubles, a company can 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 issued as a separate document. For newly hired employees, provisions on shift work are included in the employment contract. With employees who already work in the company, additional agreements are signed to labor contracts on changing the mode of their work.

Thus, the Moscow company of High Thermal Technologies LLC, which is part of Terma CJSC, one of the largest Russian enterprises producing heating equipment since 1990, has a stable position in the domestic market and the markets of the CIS countries. Since 1990, the company has been operating 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 at present), due to the growth in production volumes and the technologies used. In 2008, there was a need to switch to 2-shift or 3-shift operation, depending on the production site.

The need for a shift regime at the enterprise is dictated by the economic losses that 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 plan for a multi-shift operation.

First, an order was issued (Appendix 2), which determines the timing and procedure for the introduction of shift work. Then, changes were made to the Internal Labor Regulations, namely, information about which categories of workers this 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 order of working and days off, as required by the first part of Art. 100 of the Labor Code of the Russian Federation. Also, a summarized accounting of working hours was introduced, which, as we already know from the theoretical part of the work, is regulated with part three of Art. 104 of the Labor Code of the Russian Federation. After that, the stage of development and approval in the prescribed manner of the shift schedule began.

In practice, when introducing shift work, the company encountered difficulties mainly in the development of 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 regulation of the working regime:

The sum of hours of working time for an accounting period (a month, a quarter or three months, half a year, a year) (in accordance with Article 104 of the Labor Code of the Russian Federation, an accounting period cannot exceed one year) must be within the normal number of working hours established by law (Art. 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 uninterrupted rest must be at least 42 hours (Article 110 of the Labor Code of the Russian Federation);

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

The duration of a 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. Processing in this case is compensated by providing the employee with additional rest time or, with the consent of the employee, payment according to the norms 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 established a shift mode of operation with a summarized accounting of working hours (accounting 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 (at a rate of 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 this moment in Russia there is no correct generally accepted methodology for scheduling shifts, especially for multi-shift work with a "floating" flexible mode. There are practically no ways to effectively combat overtime or compensate for it, rational ways to make adjustments in case of illness of employees. This task refers not so much to the field of jurisprudence as to the field of exact sciences, mathematics and computer science.

The fact is that mathematicians have begun to deal with the issues of building 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. Schedule theory. - M.: Nauka, 1975.

In addition to this book, in our country in 1984 another translated book and one domestic book were published. Recently, two books by Belarusian authors have been published. But publications of this kind are designed 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 so 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 accounting of working time or the use of the simplest methods, (Geig I.V. Rationing and working time regulations: Educational and methodological manual. - M., 2002, Borodina V.V. Labor rationing: Educational and practical guide. - M.: Gorodets, 2005. - 192 p.) given in the first chapter and experimental developments received earlier.

Computer software for scheduling shifts in 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, nothing more than specialized text editors are offered to design these graphs.

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

In the first part of Art. 100 of the Labor Code of the Russian Federation states that a working week with days off is possible according to a rolling schedule. Other articles of the Labor Code of the Russian Federation refer to 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, the flexible working regime and the staggered schedule are used as synonyms: for example, the Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions of 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 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 is, as it were, inscribed in the main types of the working week: a five- and six-day working week with the provision of days off according to a rotating 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, while the general day off is 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 in order to more efficiently use equipment, increase 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 the formation of 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 on a functional basis. 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 workers participate in different jobs in accordance with 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:

The equipment of the zone, workshop, subdivision for which the schedule is drawn up;

Number of employees (N worker);

The duration of the shift (T shift) - 8. 10 or 12 hours;

Productivity of one employee (q work);

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

Payment for "processing" (r reworked) - y. e./h (coefficient - 1.5).

Using these data, average daily labor costs are calculated.

Thus, at the High Thermal Technologies LLC enterprise, a two-shift working hours were introduced in the electric boiler manufacturing workshop (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 enshrined in Russian labor law, therefore, at the High Thermal Technologies LLC enterprise, a number of measures are simultaneously carried out aimed at combating overwork, which will be discussed in the last section of our work. .

In the process of drawing up shift schedules for the workshops, preparatory activities 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;

Entering the income;

Moving to the storage area;

Carrying out, if necessary, barcoding;

Order picking;

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

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

7. Determination of the turnover of component parts 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 cost of the picker's time for 1 average product is 1 hour. The norm of working time per month is 170 hours, thus, 1 picker is theoretically able to assemble 170 products per month. We calculate the required number of pickers:

10 000: 170 = 58,8

Let's take Coeff. = 0.95

As a result, it turned out 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 the time of peak loads on certain days and hours. You should also be aware of the possibility of sudden disability of employees. As a rule, 5 reserve pickers are provided for this.

9. Determining the degree of uneven work during the day. Based on this, operational groups or employees who come to work at different times from other shifts are allocated. You can use a reserve that is mobile in shifts. As a rule, these should be workers who know not one, but several production operations. When paid by the hour, their salary is higher than the payment of the most skilled work that they will have to perform. Experience shows that properly selected reserve staff pays for the costs of its 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, and no later than a month before its entry into force (part four of article 103 of the Labor Code of the Russian Federation).

However, after the introduction of the shift schedule at the enterprise, a number of problems were found that are typical for the “daily” mode of operation, which will be discussed in more detail in the next section of the thesis.

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

How to avoid overtime, keeping within the norms of the working week according to Russian legislation;

How to allocate working hours with incomplete staffing, avoiding overtime hours;

How to combine (compare, balance) the production task for the month with the scheduling of the staff;

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

In international practice, "flexible", "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 controlling the shift schedule at the enterprise is the constant adjustment of shift schedules, weekly or monthly. But in this regard, there is a contradiction with the legislative rule that employees must receive information in advance about changing the shift schedule. Therefore, in this case, from a legal point of view, the employer must attract employees on the basis of overtime work.

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

With the incapacity of individual employees, in order to maintain a normal work regime, the administration has to resort to overtime work, and although their number should be minimal, they still take place.

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

When calculating salaries every month, it is necessary to take into account the number of hours actually worked by employees for this month. Each hour of work is paid at a single rate, and work in a shift in excess of the established duration is paid as overtime. With the summarized accounting of working time, the issue of overtime payment will be decided after summing up the results of the accounting period and identifying the number of hours of overtime work (the difference between the actual and the established number of working hours).

Overtime payment is made in accordance with: for the first two hours - at least one and a half times, for subsequent hours - at least twice the amount. The specific amounts of overtime pay can and should be determined by a collective agreement, a local regulation or an employment contract. At the request of the employee for overtime work, instead of increased pay, he may be provided with additional rest time, but not less than the time worked overtime.

In particular, if the replacement employee fails to appear in the event that 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 employees themselves, since the organization suffers irreparable losses that negatively affect all of 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 apply overtime work in exceptional cases provided for by the Labor Code of the Russian Federation, regardless of the consent of the employee.

In extreme cases, when you need to increase the working day to a maximum of 12 hours, you can follow a certain procedure for involving personnel in overtime work. Firstly, an employee cannot work more than 4 hours a day for two consecutive days 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 at least one and a half times, for subsequent hours - at least 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 another one 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 you money by not counting the extra hours as overtime.

The fight against overwork should also be focused on the introduction of day labor accounting. With a summarized accounting of labor, it is possible to send workers who have overtime to planned vacations or at their own expense, since when going on vacation, working days that should have been excluded from the norm of working time. Those. if the norm is 160, and the employee is on vacation for 5 days, then for him the norm per month is 120 hours.

Also, to eliminate overtime, in the case of total accounting of working time, a longer reporting period should be set, preferably a year. As a rule, in this case, the norm will be balanced.

Also, the propensity for processing is determined by the specific type of shift schedule. With a work schedule of “a day in three”, it is really not possible to observe the weekly norm of working time. Therefore, it is necessary to proceed not from the weekly duration of working hours, but to use the summarized accounting of working hours.

To do this, you must first determine the accounting period. It can 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 processing in the schedule, we calculate the number of shifts that fall (on average) per employee: 1987 hours: 24 hours \u003d 82.79, where 1987 hours is the hour rate for a 40-hour work week in 2009 year; 24 hours - the duration of one shift.

The next question is the number of employees involved.

If we assume that only four people will be involved in the work according to the “day after three” schedule, then initially each of them in the accounting period (year) under consideration will be provided with a 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 a summarized accounting of working hours (with the “day after three” schedule, as we said above, it is the summarized accounting 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. With the summarized accounting of working time, 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)) for a 40-hour work week, and 1587.2 hours. (1659.2 hours - (10 days x 7.2 hours)) for 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 are more likely to face problems when accounting for labor in enterprises with irregular working hours: in the case of interrupted working hours, flexible working hours; shift and shift methods of labor organization.

In our work, emphasis was placed on the study of the features of the legal regulation of the "daily" mode of operation, which involves the division of the working day (days) into shifts.

The main difference and disadvantage of the "daily" mode of operation are processing. And, in addition, the “daily” regime is distinguished from the regime of normal working hours by the need for mandatory totalized accounting of time, the difficulty of determining the time of rest - the inter-shift period, the inability to provide employees with days off on 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, to adhere to all the rules for recording working hours, giving preference to the combined type: daily and summarized final accounting.

In the case of total accounting of working time, overtime must either be compensated properly, in the manner prescribed 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 regulatory legal acts, such as the Collective and Labor Agreements, the Rules of the work schedule and the shift schedule that determine the nature of the "daily" regime and its legality. Federal legislative documents only outline the boundaries of the normal positivity of 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 , the resource base chooses one or another shift schedule. In addition, the labor legislation of the Russian Federation requires a more detailed study of the issue of regulation of working time, in particular overtime work.

Other important problems of legal regulation of the "daily" work regime include the need to harmonize the production and working regime, the problem of the distribution of working time in case of incomplete staffing, accounting of working time, calculation of the required number of employees when introducing or transforming the "daily" regime.

The solutions to these tasks are fixed at the legislative level in the form of methodological recommendations, so the accounting of working time at the enterprise is strictly regulated and accountable. But at the same time, some issues entirely rely on the local legal regulation of the "daily" mode of working time, for example, the automation of time tracking, which allows 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 time modes, ways of accounting for working time, determined the features of the legal regulation of the "daily" mode of work, compiled a shift schedule using the example of a particular enterprise, taking into account legal norms and suggest ways to eliminate the problems associated with multi-shift operation. Hence, 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 hours) 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 in the 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 Decree 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 in the PWTR it is necessary to reflect the duration of the time during which the employee must perform labor duties, as well as other periods equated 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 PWTR it is necessary to determine the duration of the work time itself, as well as the number of such breaks. The duration of the reduced daily work (shift) of employees not directly specified in the law, and other periods of working time should also be established by the local regulatory act of the employer.

Introduction

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

§ 2. The concept of working time

Chapter II. Characteristics of the types of working time

§ 1. Normal hours of work

§ 2. Reduced hours of work

§ 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

Man's work, like his whole life, proceeds in time. And since the socially useful activity of people is diverse, the most common and acceptable measure of the amount of labor expended for all its types is working time. Its value, the norm of working time, is 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, provides the employee with free time to rest and restore the expended strength.

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, there are gross violations of the rights of an employee. Often, employers, knowing labor legislation, violate it or completely ignore it, 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 law, internal labor regulations and an employment contract, must perform his 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 under study is also characteristic and relevant in that the working time itself and rest time are directly related to such institutions as, for example, remuneration and labor rationing, work schedule and labor discipline, labor protection. In this regard, this topic is disclosed and studied by many authors of literature on labor law in order to disclose and convey information to employees about working time and everything it is connected with and everything connected with it, so that employees know this information and know in what cases, they have the right to apply, for example, for part-time work or reduced working time, which categories of workers cannot be allowed to work at night, work overtime, etc. In a number of cases, the remuneration system directly depends on the time actually worked for the accounting period, and the application of disciplinary measures depends on how well the accounting of working time is organized and maintained in relation to an individual employee.

The object of the research is the legal relations that develop in the legal regulation of working time in the Russian Federation.

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

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

Work tasks:

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 goal and objectives set in the work. In the course of the problem posed, 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 is the 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, 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 the judiciary; 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 norms 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.

The current legislation on working hours and hours of rest serves two main purposes:

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

· secondly, to protect workers from excessive overloads, to ensure the restoration of their ability to work, and to maintain 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 hence the achievement of the goals to which it is directed.

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 - this is the 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 middle of the 19th century, the first labor laws that appeared concerned the limitation of working hours for women and children. Then they were extended to men (for the first time in England).

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

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

At present, questions on 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 the 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 the establishments of the factory industry" was adopted. This law introduced a limitation of the working day in factories and plants 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 forbade work on Sunday and established 14 obligatory holidays (three more were added in 1900). By "mutual agreement" the workers could work on a Sunday instead of a weekday.

At the same time, in addition to the working hours established by this law, overtime work could also be introduced 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, private and state-owned (although in practice a shorter working day was already generally established at state-owned factories).

The law provided for a mandatory list of holidays on which work was not supposed: 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 -hour 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 set to work with renewed vigor in the enterprises that had passed into their hands. However, there were quite a few who considered that if the power now belongs to them, then they can not work or work carelessly.

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

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

The Code fixed the main provisions governing the procedure for hiring and dismissal from work, 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 of 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 on the time of rest were provided for in a special section XI "Rest time".

Labor Code of 1922 for the first time consolidated 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 adolescents from 16 to 18 years old, for workers and employees employed in work with harmful working conditions and underground work, a reduced working time of 6.5 hours or less was established (Article 95).

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

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 Directives 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.

Article 91 of the Labor Code of the Russian Federation by the Federal Law of June 30, 2006 No. No. 90-FZ, positive changes were made, 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 hours 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.

The 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 the introduction of a five-day working week is impractical due to the nature of production and working conditions, a six-day working week with one day off is established.

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

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

Work outside normal working hours is either overtime (if at the employer's initiative) or irregular working hours.

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

The normal length of working hours should be both for those working in a permanent job and for those whose work is of a temporary nature (for example, for seasonal workers, for an acting employee who is temporarily absent, etc.).

There are two types of working week - 5-day with two days off and 6-day with one day off, which is preserved in those organizations where, due to the nature and conditions of work, the introduction of a five-day working week is impossible or inappropriate. The six-day working week has been preserved in many educational institutions, where the transition to a 5-day working week is not possible due to the presence of maximum allowable physiological norms for the study load of students. Some state bodies, service enterprises, etc. work on a 6-day working week.

In addition to normal working hours, the Labor Code of the Russian Federation regulates the issues of reduced working hours, part-time working hours, irregular working hours, overtime work, 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 in the report card about the reasons for absenteeism are made on the basis of relevant documents (for example, on the basis of a certificate of incapacity for work, etc.). The time sheet is filled out in one copy for each calendar month.

Of theoretical interest is foreign labor law. 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, internal labor regulations, is obliged to be at the workplace and perform his labor duties. The working time also includes the time of work performed at the suggestion, order or with the knowledge of the employer, in excess of the established working hours (overtime work, work on public holidays, holidays and weekends).

According to French labor law, working time is the time of actual work or hours actually worked. In accordance with Art. 212-4 of the French Labor Code, the time of actual 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 the UK labor law, and more precisely, the Regulation on working hours (entered into force on October 1, 1998, as amended in 2005), working time is any period of time during which an employee performs work or performs duties while being 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, the issues of the working time regime are placed in the chapter on working time, which, in our opinion, indicates that the legislators have not worked out the structure of these legislative acts sufficiently.

In Russian legislation, working time includes the following periods:

· simple - 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 the conditions of production, 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 execution 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);

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

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

In this regard, scientists believe that in Art. 91 of the Labor Code of the Russian Federation, the emphasis in the definition of the concept is somewhat mixed in the direction of determining the periods of time that make up working time. The indication in the norm - the definition of the reference part seems to be a consequence of the imperfection of the legislative technique.

With the entry into force of the Labor Code of the Russian Federation, the regulation of working hours is carried out in accordance with Section IV of this Code, while maintaining the previously issued regulations, 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-contractual) norms and individual labor contracts are becoming increasingly important. In a centralized manner (in particular, in the Labor Code of the Russian Federation), the maximum norms for the duration of working hours, the main provisions on the procedure and methods for its distribution within a day, week or other calendar period, on the prohibition as a general rule of working outside working hours and the procedure for bringing to work in exceptional cases in excess of the established working hours, on weekends and holidays, as well as issues that are resolved by local regulations and by agreement of the employee and employer.

Thus, under labor law, working time should be understood as the time during which an 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 rules of internal labor regulations or shift schedules, a collective agreement, as well as conditions of the employment contract must perform the work entrusted to him in the specified 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 the types of working time

§ 1. Normal hours of work

As noted earlier, with the entry into force of the Labor Code of the Russian Federation, the regulation of working time is carried out in accordance with Section IV of this Code, while maintaining the previously issued regulations, 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, fixing the right to rest, provides that a person working under an employment contract is guaranteed the length of working time established by federal law. At the same time, a significant part of violations of labor rights and obligations falls on the legislation on working hours. 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 fulfill his labor 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, special breaks for heating and rest are included in working hours, provided to employees working in the cold season in the open air (for example, construction workers, assemblers, etc.) or in closed unheated premises, as well as loaders employed in loading and unloading operations.

Breaks for industrial gymnastics must be provided to those categories of workers who, due to the specifics 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. With regard to any other categories of employees, the issue of granting them such breaks is decided by the internal regulations.

According to Art. 258 of the Labor Code of the Russian Federation, additional breaks for feeding the child (children) are included in working hours, provided to working women with children under the age of one and a half years, at least every three hours of continuous work lasting at least 30 minutes each. Breaks for feeding children are included in working hours and are payable in the amount of average earnings.

As a rule, working hours include periods for performing the main and preparatory and final activities (preparation of the workplace, receipt of an order, receipt and preparation of materials, tools, familiarization with technical documentation, preparation and cleaning of the workplace, delivery of finished products, etc.) provided by the technology and organization of labor, and does not include the time spent on the road from the checkpoint to the workplace, changing clothes and washing before and after the end of the working day, lunch break.

In the conditions of continuous production, the acceptance and transfer of a shift is the responsibility of shift personnel, provided for by the instructions, norms and rules in force in organizations. The transfer and acceptance of the shift is due to the need for the employee receiving the shift to familiarize himself with the operational documentation, the state 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 the technological process and equipment maintenance. The specific duration of the transfer-reception of a shift depends on the complexity of the technology and equipment.

At the same time, considering that Art. 91 of the Labor Code of the Russian Federation gives the parties to labor relations the right to determine the principles for regulating working hours, the issues of including the above time periods in working hours should be decided by them independently. The adopted decision is fixed in the rules of 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 measure as the working day and the working week. The Labor Code of the Russian Federation establishes the normal duration of working hours, which is understood as the norm of working hours established by law, which the parties to the employment contract (employee and employer) must comply with, regardless of the form of ownership of the organization where labor relations are carried out. At the same time, the norm of 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, other local regulations of the organization for a certain period of time. The working time norm 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 determining by the parties of an employment contract the norms of working hours 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 hours.

The Labor Code of the Russian Federation did not change the normal duration of working hours established by the Labor Code (ceased to be valid). As a general rule, normal working hours may not exceed 40 hours per week. It does not depend on the form of ownership, or on the organizational and legal form of the organization, or on whether the employer is an individual. Thus, the norm of working time of an employee 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, equally applies 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 length of working time set 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 separate normative acts, the legislator establishes exceptions to the above rules. Such an exception is contained, for example, in the Decree of the Ministry of Labor of the Russian Federation of June 30, 2003 No. No. 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers."

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

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

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.

Accounting for working time can be daily, weekly and summarized, however, in all cases, the time worked by the employee for each working day is taken into account.

Daily (daily) accounting of working time is applied if the duration of daily work is equal. 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 may not exceed:

When daily accounting of working time, it is not allowed to offset overtime during one day and shortfalls on other days.

In case of daily accounting of working time, work in excess of the established length of the day is considered overtime.

Weekly accounting is used in cases where the duration of the daily work of an employee may be different, but for a week he produces the same length of working time (36 hours, 24 hours, etc.). In this case, when approving the working time schedule, it must be taken into account that the working time cannot exceed 40 hours per week with normal working hours, 36 or 24 hours with reduced working hours.

Summary accounting is used in cases where the length of working time per day, per week may be different, however, processing on some days is compensated by underworking on others, while during the accounting period the employee must work out the established norm of 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 keep records of working time, the guilty officials bear administrative responsibility imposed by the bodies of the federal labor inspectorate. 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 in the report card about the reasons for absenteeism are made on the basis of relevant documents (for example, on the basis of a certificate of incapacity for work, etc.). The time sheet is filled out in one copy for each calendar month.

The spreadsheet can be maintained in two ways:

) the timesheet takes into account all appearances or absences from work;

) the timesheet takes into account only deviations from the normal mode of operation provided for in the organization (absenteeism, lateness, etc.).

At the end of the month, the time sheet is transferred to the accounting department. The completed time sheet is stored in the archive of the organization for five years. There are no significant features in the preparation of the time sheet for part-time workers.

At present, the Decree of the State Statistics Committee “On approval of unified forms of primary accounting documentation for accounting for labor and its payment” dated January 5, 2004 No. 1 approved the form of the 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 the dismissal for absenteeism, provided for in paragraph "a" 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 absence of the employee at work. First of all, the absence must be recorded in the internal acts of the enterprise, primarily in documents that take into account the working time of each employee, i.e. in the time sheet. And then the immediate supervisor of the employee prepares a memorandum (or other similar document adopted at the enterprise) and a draft dismissal order addressed to the official who has the right to apply a disciplinary sanction.

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 months 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 this organization and is brought to the attention of employees no later than two months before its entry into force.

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

) the schedule provides for the time required for the delivery of workers to the shift and back. Days spent on the way to the place of work and back are not included in working hours and may fall on the days of rest between shifts;

) hours of working time overtime within the shift work schedule can be accumulated during the calendar year and summed up to whole days with the subsequent 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; receive 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. Reduced hours of work

Reduced working time is provided for by the Labor Code of the Russian Federation for the following categories of workers:

) youth;

) students;

) disabled people;

) teachers, etc.

Normal hours of work are reduced by:

) 24 hours a week (for employees under the age of 16);

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

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

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

The working time of students of educational institutions under the age of 18, working during the academic year in their free time, cannot exceed half of the norms established by Part 1 of Art. 92 of the 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.

The federal law may establish reduced working hours for other categories of workers (pedagogical, medical, and others). From Art. 92 of the Labor Code of the Russian Federation it follows that the reduced working hours are established by federal law, as well as 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 in comparison with the legislation.

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

The legal consequence of the establishment of reduced hours of work is that the employee retains all the benefits and benefits 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, reduced working hours do not limit the rights of employees, including the right to receive full wages. That is, work on the terms of reduced working hours for the benefits provided does not differ from work with normal working hours, in fact, employees with reduced working hours are paid extra for hours not worked before 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 features of the regulation of the work of pedagogical workers. In accordance with labor legislation (Article 251 of the Labor Code of the Russian Federation), the features of labor regulation are norms that partially limit the application of general rules on the same issues or provide additional rules for certain categories of workers.

For pedagogical workers, a reduced working time is established - no more than 36 hours per week (part 1 of article 333 of the Labor Code of the Russian Federation).

The teaching load of a pedagogical worker, provided for in an employment contract, may be limited by the upper limit in cases provided for by the model regulation 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 time of no more than 36 hours a week established for teachers does 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 professional development, which significantly reduces the employee's rest time.

As already noted, labor rationing for teachers of educational institutions is carried out in the form of setting a teaching load for them, however, this labor norm is conditional, since only the upper limit of this load is provided at the federal level. For example, the teaching load per academic year for teachers of secondary educational institutions, fixed in an employment contract, should not exceed 1440 hours in accordance with paragraph 54 of the Model Regulation 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 Regulation on an educational institution of higher professional education (higher educational institution of the Russian Federation), approved by the 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 the time from 22:00 to 06:00. The duration of work (shift) at night is reduced by 1 hour without further working off, as stated in part 2 of this article. The innovation consists in the fact that an addition “without further development” was made to the indicated rule of the previous version of this article, because in practice employers abused, as it were, a certain understatement of the legislator.

The procedure for the work of creative workers of the media, cinematography organizations, television and video film crews, theaters, theater 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, may be established by a collective agreement, a local normative act, 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 at 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 hours);

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 must 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 allowable duration of daily work (shift) cannot exceed: with a 36-hour working week - 8 hours; with a 30-hour work week - 6 hours.

Meanwhile, Art. 94 of the Labor Code of the Russian Federation was supplemented with a new part 3 concerning the named category of workers. In particular, the collective agreement may provide for an increase in the duration of daily work (shift) established for workers employed in jobs with harmful and (or) dangerous working conditions. At the same time, 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 teams, as well as professional athletes in accordance with the lists of works, 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 normative act, an employment contract (part 4 of article 94 of the Labor Code of the Russian Federation). Previously, for this category, the maximum norms of working time during the working day could be established by laws, other regulations, a collective agreement or an employment contract (the former part 3 of article 94 of the Labor Code of the Russian Federation).

In connection with the foregoing, the following legally significant circumstances characterizing the reduced working time can be distinguished.

Firstly, the establishment of working hours in accordance with the 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 by the legislation 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 expressly provided for by law, as is established for reduced working time. Moreover, part-time work can be established by the parties both at the conclusion of an employment contract and subsequently, i.e. during the period of its operation. The law does not limit the circle of persons for whom part-time work may be established. It may be conditioned by an employment contract with any employee.

In labor legislation, two types of part-time work are distinguished - part-time work and part-time work. It is possible to combine a part-time work week with a part-time work day. Unlike reduced working time, which is a full measure of the duration of work established by law for certain working conditions or categories of workers and does not entail a reduction in wages, part-time work is only part of this measure. Therefore, in case of part-time work, remuneration is made in proportion to the time worked by him or depending on the amount of work performed by him.

An employee who has entered into an employment contract with the condition of part-time work is released from the obligation to work out the normal working hours. Unlike shortened working hours, remuneration for part-time work is made in proportion to the time worked or depending on the amount 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, the calculation of seniority and other labor rights (part 3 of article 93 of the Labor Code).

Part-time employees work part-time. Working hours for persons working part-time may not exceed four hours a day and sixteen hours a week (Article 284 of the Labor Code of the Russian Federation).

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

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

There is no longer an agreement here - part-time work depends on the unilaterally binding actions of one side of 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 the age of 14 or a minor child with a disability; performance by the employee of the functions of caring for a sick family member in accordance with a medical report.

Since those listed in Art. 93 of the Labor Code of the Russian Federation, in situations where the employee, on his own initiative, although in some cases forcedly, requires a reduction in working hours, he is deprived of a certain part of his salary. In this case, wages are paid in accordance with the hours worked (with time wages) or depending on the output (with piecework wages). But under these circumstances, the law guarantees the preservation of the duration of annual leave, the calculation of seniority 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 dismissal of workers, the employer, in order to save jobs, has the right, taking into account the opinion of the elected trade union body of this organization, to introduce a part-time regime for up to six months (part 5 of Art. 73 of the Labor Code of the Russian Federation). If the employee refuses to continue working on the terms of the relevant working hours, then the employment contract is terminated under paragraph 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 compensations to the employee.

Information that an employee has been hired part-time is not entered into the employee's work book.

The difference lies in the fact that when working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work performed (part 2 of article 93 of the Labor Code of the Russian Federation). However, the employee is not entitled to demand wages in the 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 measure of labor.

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

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

Part-time work can be set:

· without fail 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 prescribed 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 work (when the duration of daily work decreases) and part-time work (when the number of working days in a week decreases, but the working day remains normal). There may be a combination of a part-time work week with part-time work. At the same time, the duration of part-time work for a particular employee is established in the employment contract and indicated in the order of the employer, except when it is established at the initiative of the employer, when part-time work is determined by a local regulatory act.

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

Employees who, at their request, are required to work part-time, include:

· pregnant women;

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

· employees caring for sick family members in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory acts of the Russian Federation.

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

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, in addition to the will of employees or their authorized representatives, is not allowed.

The foregoing allows us to single out the following legally significant circumstances, the proof of which allows us to recognize the working time as incomplete. Firstly, the presence of the voluntary will of the employee to establish part-time work. In some cases, legislation allows the establishment of part-time work with the consent of authorized representatives of workers, in particular trade unions. However, every worker cannot be deprived of the right to express his opinion on the introduction of part-time work. The absence of an employee's will to introduce part-time work allows him to demand payment for hours not worked through no fault of his own as downtime. Secondly, the use of the concept of "part-time work" involves proving a decrease in the number of working hours in each calendar week. The number of hours worked by an employee with part-time work may not exceed or be equal to the normal working hours. The reduction in the number of hours worked during the calendar week is made by reducing the daily work or the number of working days during the calendar week.

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

§ 4. Overtime work

In Art. 97 of the Labor Code of the Russian Federation, two types of work are named outside the normal working hours. Firstly, internal combination is called this type. Secondly, the type of work outside the normal hours of work is overtime work. The current version of Art. 97 of the Labor Code of the Russian Federation proposes to distinguish between these concepts, depending on who is the initiator of the performance of work outside the normal working hours for the employee. Work at the initiative of the employee is proposed to be attributed to internal part-time work, at the initiative of the employer - to overtime work.

The wording of this article requires a number of clarifications. First, it should be noted that Art. 91 and 92 of the Labor Code of the Russian Federation, the concepts of “normal and reduced working hours” are distinguished. Obviously, Art. 97 of the Labor Code of the Russian Federation, normal duration should be understood as the length of working time established for this category of workers (both normal and reduced). Secondly, the statement that part-time work is carried out only at the initiative of the employee is not entirely accurate (although in practice, if the employer shows the initiative, registration is carried out by submitting an application by the employee). Thirdly, the list of cases when work is performed in excess of 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 the normal working hours is an independent type of working time. Such a conclusion suggests itself due to the fact that this type of working time does not coincide with any of the considered types. Persons working under the conditions of normal working hours may be involved in work in excess of forty hours per calendar week. In this case, the working time worked in excess of the normal duration cannot be included in the normal working time, it is outside of it. Workers with reduced working hours can also work outside of their working hours. Working time worked in excess of the established norm cannot be recognized as reduced, since it goes beyond the scope of reduced working time. Overtime in the case under consideration cannot be recognized as a normal working time, since other working time norms are established for employees with reduced working hours. The above also applies to employees performing part-time work duties, for them the standard of working hours per week is determined by agreement with the employer. Exceeding this standard cannot be recognized as 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 time 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 for the accounting period (part 1 of article 99 of the Labor Code).

Overtime is not considered to be work performed in excess of the established working hours in the order of internal combination (Articles 98, 282, 284 of the Labor Code of the Russian Federation), as well as processing in excess of the established working hours with an irregular working day (Article 101 of the Labor Code of the Russian Federation).

However, in the case when leave for an irregular working day is not granted, processing in excess of the normal working hours is equated to overtime work (part 1 of article 119 of the Labor Code of the Russian Federation).

Overtime work performed by an employee for his enterprise, institution, organization outside of working hours and not in his specialty, positions under civil law contracts (contract, paid services - art. 702-729, 779-783 of the Civil Code of the Russian Federation) cannot be recognized .

At the same time, it should be borne in mind that internal part-time jobs and civil law contracts should not be used to hide overtime work, to circumvent the legislation on their limitation and payment.

Under daily accounting of working time, overtime is work performed in excess of the established length of the working day (shift), for example, in excess of 8 hours with an 8-hour working day. With the summarized accounting of working time, overtime is work in excess of the shift duration established by the schedule, for example, in excess of 10 hours with a working shift of 10 hours. In cases where the summarized accounting of working hours is applied, in which the duration of daily work may deviate from the established schedule within the accounting period, overtime work is considered to be hours of work in excess of the normal working hours for the accounting period. For example, in excess of the norm of working hours for the quarter, if one quarter is set as the accounting period.

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

) in the performance of work necessary for the defense of the country, as well as to prevent a production accident or eliminate the consequences of a production accident or natural disaster;

) in the performance of 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) the work begun, which, due to an unforeseen delay due to the technical conditions of production, could not be performed (completed) during the normal number of working hours, if the failure to perform (non-completion) of this work may entail damage or destruction of the property of the employer, state or municipal property or endanger the life and health of people;

) in the performance of temporary work on the repair and restoration of mechanisms or structures in cases where their failure may cause the cessation of work for a significant number of employees;

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

In other cases, involvement in overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected trade union body of this 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. Involvement of disabled people, women with children under the age of three years, to overtime work is allowed with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report. At the same time, disabled people, women with children under the age of three, must be familiarized in writing with 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 obliged to ensure that overtime work performed by each employee is accurately recorded.

Accounting information must be submitted by the employer to the labor inspector at the location of the employer and organization at their request. The labor inspector is authorized to prohibit or restrict the performance of additional overtime work in case of violations of the conditions or general labor safety requirements.

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 the day off should 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 - in one and a half times, and for the next hours - in double the size. The determination of the amount of compensation may be established by a collective agreement or an employment contract.

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

In cases of extreme necessity due to force majeure, the maximum norms for overtime work established by the Labor Code of the Russian Federation do not apply, i.e. it is allowed to exceed it, however, the total number per year should not exceed 200 hours. The employer is not entitled to require the employee to conclude an additional agreement, and the refusal to perform overtime work should in no way worsen the position of the employee. 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 concluded 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 forbidden to conclude an employment contract on internal part-time employment with persons under the age of eighteen working in hard work, work with harmful and (or) dangerous working conditions, as well as with other employees if there is a ban in federal law. In accordance with Art. 284 of the Labor Code of the Russian Federation, the duration of working time at work under an internal part-time contract cannot exceed 4 hours a day and 16 hours a week, that is, 12 hours on one working day (shift) and 56 hours during a calendar week.

In connection with the foregoing, the following legally significant circumstances characterizing work outside the normal working hours in the form of internal part-time jobs can be distinguished. Firstly, such a circumstance is the presence of a voluntary expression of the will of the employee and the employer to perform work on the terms of internal combination. 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 restricting the rights provided for by law, in particular the right of employees to receive equal pay for work of equal value. For an employee, work on an internal combination basis and overtime work are work outside the normal working hours, however, 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 combination and overtime, 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 unequal value of these types of work outside the normal working hours is proved. The duty to prove this circumstance lies with the representatives of the employer. In connection with the foregoing, it can be concluded that the presence of an additional employment contract cannot serve as a legal basis for restricting the employee's rights guaranteed by law, in particular the right to increased wages beyond the hours standard established by the employee.

Secondly, the circumstance that defines internal combination as a legal concept is the presence of restrictions on the conclusion of an employment contract with individuals. Employees with whom it is not allowed to conclude an employment contract on internal part-time employment 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 should not work more than 4 hours a day and 16 hours during a calendar week, that is, 12 hours on one working day (shift) and 56 hours during a calendar week.

In connection with the foregoing, the following legally significant circumstances can be distinguished 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, to normal working hours, reduced hours of work and part-time work. The named circumstance is confirmed by the data of accounting of the working time of the employee who has worked in excess of the norm of hours established for him. Secondly, the circumstance that characterizes work outside the norm of hours established for the employee is involvement in this work on the basis of the voluntary expression of the will of the employee or the order of the authorized representative of the employer, issued in accordance with the current legislation. This circumstance is confirmed by a written statement of the employee, an agreement concluded with him on the performance of work outside the norm of hours established for him, as well as an order of the authorized representative of the employer.

Thirdly, working time outside the norm of the hours established for the employee is characterized by the employer's obligation to pay 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 in recent years, non-standard working hours, which involve only part-time employment, have become more and more in demand among employees. However, there are people who make their choice in favor of working 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.

The irregular working day has a long period of existence, which became widespread in the first years after the adoption of the Labor Code of 1922.

Labor Code of 1922 along with overtime work, he established another basis for engaging in work in excess of normal working hours - in a note to Art. 94 Labor Code of 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 a normal working day." Initially, under the effect of the note to Art. 94 of the Labor Code of 1922 fell only to responsible political, trade union and economic workers, whose work was not standardized at all in time. But a later note to Art. 94 Labor Code of 1922 they began to apply to highly qualified specialists who receive personal salaries, and then to an even wider range of workers whose work cannot be accounted for in time. A category of people appeared who were neither responsible political workers nor highly qualified specialists, but, nevertheless, had to work over normal working hours without any time limit for this work, without its formalization and without its additional payment.

It is interesting to note that in the literature of the 1920s, the irregular working day was understood as “work not limited by time” or “work without rationing of the 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 norm of 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 decoration. 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 granting additional annual 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 double the amount.

In almost every organization there are employees whose working day does not fit into the usual time frame. In some commercial organizations, it is even customary to regularly stay late at work, such an unspoken rule is often part of the corporate culture of the organization. Overworking in excess of the established working hours is encouraged in every possible way by various awards (for example, peculiar competitions are arranged to see who will work longer, while the winners will receive a bonus or bonus). So, in one large organization, electronic time tracking for employees was introduced. Management, looking through the report of the electronic system at the end of the month and tracking those who work the most over the established norm, paid bonuses for the best work. But you can’t mix the results of the work with the duration of its implementation, since, being at the workplace, the employee does not necessarily perform his immediate duties, but often does something that has nothing to do with his work (for example, plays computer games).

N.K.N. filed a lawsuit against LLC PNG-Transport 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 the court decision was made (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 class 3 driver. During the period of work, he was systematically involved in overtime work, which was not paid.

The plaintiff did not appear at the hearing, he asked to consider the claims in his absence (v.4 case file 13).

The representative of the plaintiff C.T.The. supported the claims on the grounds indicated in the claim. She testified 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 recorded the time of departure and arrival at the garage. In addition, the plaintiff was deprived of the opportunity to take lunch breaks, as a result of which the working day was 11 hours long. However, overworked hours were not paid. The plaintiff was not aware that he was given an irregular working day. Additional leave for irregular working hours was not granted to the plaintiff. The wage supplement paid by the employer for irregular working hours is evidence that the employer actually involved the plaintiff in overtime work, reliable records of which were not kept. As a result of unlawful actions of the employer, the plaintiff suffered moral harm, expressed in moral suffering.

The representative of the defendant R.Yew.N. He did not recognize the claims, explained that the plaintiff was set a 40-hour working week, in addition, an irregular working day was set. 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. The plaintiff was paid a monthly wage supplement for overtime work. The regional coefficient and the percentage bonus to wages were applied to the specified allowance, and a bonus was also accrued. In fact, payments for irregular working hours were much higher than the amount payable as overtime. Also, the defendant's representative stated that the consequences of missing the deadline for applying to the court were applied, since the plaintiff, starting from January 2008, knew that he was compensated for overtime work with an allowance for irregular working hours.

After hearing the parties, having studied the materials of the case, the court considers that the claims are not subject to satisfaction, for the following reasons.

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

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

In accordance with paragraph 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 load capacity in accordance with the local regulatory act adopted in society. 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 collective agreement of the Company, the regulation 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 the employees of PNG-Transport LLC for 2009 and 2010 on a six-day (40-hour) working week presented in the case file, it follows that the plaintiff had to work 7 hours a day (5 hours on Saturday) (v1, ld 37-41).

However, as follows from the waybills submitted to the court for 2008, the plaintiff was involved in daily work in excess of the normal working hours. The duration of processing for a working day ranged from 1 minute to 3 hours a day (vol. 1 ld 129-250). A similar situation can be seen from the 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 in excess of the established norm of working hours were confirmed. At the same time, involvement in work in excess of the established norm of working time was not episodic, but systematic.

The arguments of the representative of the defendant 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 mode of work, according to which individual employees can, 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 work in excess of 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 is therefore not subject to increased pay. Compensation for processing on certain days of the week in excess of the established working hours is provided in the form of additional paid leave. The procedure for granting such leave is determined in local regulations or in an employment contract when hiring, since an irregular working day is one of the working conditions for these workers (Article 119 of the Labor Code of the Russian Federation).

The possibility of involving car drivers to work in excess of the established working hours is provided for by Order No. 15 dated August 20, 2004 of the Ministry of Transport of the Russian Federation, which approved the regulation “On the Peculiarities of Working Time and Rest Time for Car Drivers”. Paragraph 14 of this provision establishes that drivers of passenger cars (except for taxi cars), as well as drivers of cars of expeditions and survey parties engaged in geological exploration, topographic and geodetic and survey work in the field, may be set an irregular working day.

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

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

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

In view of the foregoing, the court concludes that the systematic involvement in work outside the normal working hours was compensated for the plaintiff not by the provision of additional leave, but by the payment of monetary compensation, called an allowance for an irregular day. In this connection, the specified allowance is considered by the court as payment for overtime work.

The circle of persons who have an irregular working day is announced annually by order of the employer in agreement with the trade union committee and may be attached to the collective agreement. For example, in accordance with paragraph 11 of the Regulation on working hours and rest time for car drivers, approved by the Decree of the Ministry of Labor of the Russian Federation of June 25, 1999 No. 16, drivers of cars (except for taxi cars), as well as drivers of other vehicles of expeditions and survey parties employed in geological exploration, topographic-geodesic and survey work in the field, an irregular working day may be established.

Irregular working hours may be applied to administrative, managerial, technical and economic personnel; persons whose work cannot be accounted for in time; persons who distribute time at their own discretion; persons whose working time, by 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 emphasized that employers in organizations of any form of ownership are not entitled to involve workers with irregular working hours in such a mode of work systematically, 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 has become widespread in some enterprises of our country, both among employees of the management apparatus and production structural units in the early 70s and 80s. “The first use of such a work regime took place in the USSR in 1972 at an oil shale processing plant in the city of Kohtla-Järve (Estonia).” Already in 1980 flexible schedules were used in 13 labor collectives. And in the 80s. it was introduced at hundreds of industrial enterprises and associations, research institutes, design organizations in different regions of our country.

A flexible work regime began to be applied in cases where, for some reason (domestic, social, etc.), the further use of conventional 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 beginning 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 mandatory presence at work, which was a fixed (mandatory) part of the working day, and the preceding and subsequent time - its flexible part, during which, the employee in his own way desire (but with the knowledge of the immediate supervisor), could start work, leave work, and also use the lunch break at any or 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 for individual, but also for brigade forms of labor organization. The introduction of a flexible work schedule in teams, as well as the permission to work according to such a schedule for individual employees, was formalized by order of the head 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 flexible part of working time.

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

In the early 80s. industry-specific methodologies for implementing flexible working hours have been developed. Although, in practice, the flexible working hours regime has been used by many organizations for quite a long time, at the legislative level, the specified working hours regime has not been regulated. Labor Code of 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 use of a sliding (flexible) work schedule for women with children, which recommended the use of a sliding (flexible) work schedule for women workers with children.

Subsequently, in 1985, the Recommendations on the Application of the Flexible Working Time Regime at Enterprises, Institutions and Organizations of the National Economy Sectors were adopted, which are the first act regulating the use of flexible working hours for all employees. 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 the flexible working hours; methodology for conducting research before its implementation; method of accounting and control of the use of working time; recommendations for evaluating the effectiveness of the application 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 organizing working hours, in which for individual employees or teams of enterprise units, self-regulation of the beginning, end and total duration of the working day is allowed (within certain limits). At the same time, full working out of the total number of working hours established by law during the accepted accounting period (working day, week, month, etc.) is required. The use of flexible working time regimes should contribute to 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) are determined by agreement of the parties. The employer ensures that the employee works out 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 hours in question and does not regulate the procedure for its introduction and application, all necessary issues are resolved by the employer on their own and are recorded in local regulations. At the same time, employers can use the Recommendations on the use of flexible working time regimes at enterprises, institutions and organizations in the sectors of the national economy, as well as the Regulations on the procedure and conditions for the use of a sliding (flexible) work schedule for women with children.

The constituent elements 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 of all those working in the flexible working time mode in this division of the enterprise. In terms of importance and duration, this is the main part of the working day.

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

These are the following intervals:

break for food and rest, which usually divides the fixed 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 out the norm of working hours established by law.

The specific duration of the constituent elements of the flexible working regimes and the type of accounting period are set by the employer. Options for constructing flexible working time schedules may vary depending on the accepted accounting period, the temporal characteristics of each of the constituent elements of the flexible working time regime, as well as on the conditions for their application in various departments (shifts).

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

The flexible working time regime can be applied simultaneously with the part-time work regime established for the employee. At the same time, the norm of working time is reduced and must be adjusted taking into account the actually established weekly or monthly norm 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 hours; end of work from 17 to 19 hours.

Fixed time - from 11 am to 5 pm.

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

The duration of the accounting period is one month.

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

If, in accordance with the data of the time sheet (forms No. T-12 and No. T-13), it turns out 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 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 hours worked in excess 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;

the lack of proper order in the regulation of labor and accounting of working time;

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 (beginning and end of the shift), rest breaks and shift rotation. The schedule may provide for the procedure for the transition of employees from one shift to another, as well as the actions of the employer and employee in the absence of the shift.

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 compiling it are not established. Shift schedules, as a rule, are an annex to the collective agreement and are brought to the attention of employees no later than one month before they are put into effect. It seems appropriate to indicate in the Labor Code of the Russian Federation the requirements that employers must comply with when drawing up shift schedules.

When redistributing workers across shifts, the proposals and wishes of the team should be taken into account to the maximum extent, using polls, questionnaires and other forms of identifying public opinion for this. World practice follows the same path: before the introduction of work schedules requiring the use of night work, the employer consults with representatives of the workers concerned regarding the specific content of such schedules and forms of organization of work at night, which are most adapted to the enterprise and its personnel, as well as regarding the necessary measures for occupational health and social services.

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

Conclusion

Working hours - the time during which the employee, in accordance with the 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 hours (Article 91 of the Labor Code of the Russian Federation).

In the general case, working time includes periods of performing the main and preparatory-final activities: obtaining an order, receiving and preparing materials, tools, preparing the workplace and cleaning it after work, etc.

This does not include working time spent:

on the way from home to the workplace, including the time of passage from the checkpoint to the workplace;

for dressing up;

for lunch, snacks, etc.

The specifics of the inclusion of specific categories of employees (for example, employees of railway transport, subways, directly related to ensuring the safety of train traffic and servicing passengers, rescuers, etc.) of certain periods during working hours are established by regulatory legal acts.

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

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

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

the maximum hours of work within which working conditions can be considered "normal".

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

the maximum allowable 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 the working time regime, including the minimum length of rest time.

The Labor Code, and in some cases other federal laws and regulatory legal acts, set 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).

The part-time working regime can be established by agreement of the employee with the employer in the form of part-time work or part-time work 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 work at the request of the following employees: a pregnant woman, a woman with a child under 14 years old (a disabled child under 16 years old), a person caring for a sick family member in accordance with a medical report, as well as a disabled person I and II groups.

Labor legislation also provides for such a thing as an irregular working day. This is a special mode of work, in accordance with which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the 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 to a week. At the same time, 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 for certain cases limits the duration of daily work (shift):

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 employed 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 of exposure of workers to harmful and (or) dangerous production factors, including to prevent occupational diseases;

on the eve of the weekend 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 a weekly uninterrupted 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 reduced (reduced) working hours is mandatory for all organizations, regardless of their form of ownership.

Closely related to the question of working time is the question of rest time. What is meant by rest time, what types of rest time are provided, when annual paid leave is provided (basic and additional), 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 hours is the absence of rigid boundaries of the working day: only the duration of the working week is established. The boundaries of the working day (shift) are determined by the internal regulations and are the subject of contractual relations; they are fixed in collective agreements or agreements (if any).

The crisis processes that engulfed the economy of enterprises at the end of 2008 were accompanied not only by mass dismissals 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 vacations. At the same time, none of the employees even tries to object because of the 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 the normal working hours, both at the initiative of the employee (part-time job, overtime), and at the initiative of the employer (Articles 97, 98, 99, Chapter 15, Section IV of the Labor Code). This provides for the possibility of both internal (within the enterprise) and external part-time jobs. Violation of the law can be recorded only in cases where the duration of the working day is beyond 12 hours.

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

It is possible to maneuver the boundaries of the use of labor by applying the “flexible” working hours (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 obliged to keep records of the total 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 shorter working day, on the one hand, allows to reduce the number of errors by 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 are learning; other categories of citizens. Under these conditions, a 25-, 28-, 30-hour working week with a 4-, 5-, 7-hour working day is widely used.

Bibliography

Regulations

1.Universal Declaration of Human Rights (adopted at the third session of the UN General Assembly on December 10, 1948) // Rossiyskaya Gazeta. - December 10, 1998

2. Convention No. 1. On the limitation of working hours in industrial enterprises to eight hours a day and forty-eight hours a week<#"justify">Literature

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