Working time (RW) - the period during which the worker performs his production duties... This interval is regulated by the internal regulations of the enterprise, the Labor Code (TC) of Russia and other legislative acts.
Length of the working period- this is a standardized value, and includes the paid breaks during the shift and downtime, which do not depend on the worker himself.
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There are working conditions and professions for which reduced working hours are applied... In the circumstances of the particular situation, the legislation establishes the maximum duration of the RT.
By agreement between the worker and the employer, incomplete week or day are set, attraction to. Payment in such cases is adjusted accordingly. In this article, we'll talk about what the normal working hours are.
Working time standards
Art. 91 of the Labor Code of the Russian Federation determines that normal duration of RT - 40 hours / week, and it includes periods when a person is not engaged in direct labor: and heating for builders and installers, loaders, drivers during a shift of 20 minutes with an interval of 2 hours.
The time for feeding the children of a working mother is also included in the time paid under RV - Art. 258 TC. Calculation occurs in hours for a specific calendar interval: year, quarter, month.
Reduced duration
- no more than four hours during two consecutive days;
- up to 120 hours annually.
The mode of operation a day after two does not fit into the usual scheme- it is necessary to enter the summarized accounting of working hours so that the total RT for the accounting period does not exceed the normal number of hours.
Overtime pay is calculated as follows: the statutory working time in the accounting period is subtracted from the timesheet - the remaining difference will become the desired value.
In accordance with Art. 152 of the Labor Code of the Russian Federation, of the total number of hours processed, the first 2 are paid in one and a half size, all subsequent ones are in double value. Monetary compensation for overtime, at the request of the worker, is replaced by additional rest - no less than overworked hours.
The concept of normal working hours is used not only in the legal aspect. It is equally important to consider this indicator of sociology, psychology and economics.
Watch a video about the duration of the RT when working part-time:
Labor law establishes a limit on the amount of time per week and month during which a person performs his work duties. This period is called “normal working hours”.
What is the normal working hours per week?
The Labor Code of the Russian Federation establishes specific figures only within the framework of the week. According to article 91 of the aforementioned body of laws, the normal working hours per week cannot exceed 40 hours.
This figure is set under certain conditions:
- The person performs his or her job duties full time;
- He has not been assigned a shortened work shift;
- The person does not belong to the category of part-time workers.
In addition to the fact that the legislator establishes a 40-hour work week, the duration of uninterrupted rest during the week is also regulated. It is equal to 42 hours and is prescribed by article 110 of the Labor Code of the Russian Federation. In practice, this means that every 7 days a person must have a rest of at least the specified number of hours, respectively, it is impossible to go to work 7 days a week, no matter how long the shift is.
How normal working hours per month are calculated
Since the legislator only stipulates the rules for working hours within one week, and the recording of working hours is mainly carried out on a monthly basis, the question arises: what is the normal length of working time per month?
This figure will depend on the number of working days in a given month. That is, it will be set separately for each month, and in different years this value for the same month may not be the same.
The starting point for calculating the required rate is a five-day work week with two days of rest.
The production calendar, which is approved for one year, acts as a legislative act in which the relevant norms are spelled out for all months of the calendar year.
Working hours under the 2018 Labor Code
The Labor Code says nothing about how long the working day should be. Therefore, the answer to the question: a full-time job is how many hours will depend on the schedule established for a particular position.
- Five-day work week and two days off. In this case, a full working day will be equal to 8 hours.
- Six-day work week with one day off. In this case, the duration of the working day will be equal to 7 hours on ordinary days, and decrease to 5 hours a day, after which the day off begins.
- Coming to work according to the schedule. In this case, the duration of the shift is not regulated, that is, it can even be a day, but the norm of 40 hours per week should not be exceeded.
The employer has the right to determine the working regime at the enterprise himself, and he can use several schedules at once, depending on the position and work requirements.
Working hours when working part-time
When the work performed is not the main one, the normal duration of working hours cannot exceed the regulated values:
- Four hours a day if the person is busy at the main job;
- Full work shift on the day when he takes a break from his main job;
- More than half of the monthly working hours.
These values are provided for by Article 284 of the Labor Code of the Russian Federation.
That is, a part-time employee cannot be issued for more than 0.5 rate, regardless of whether it is external or internal.
Note! If a part-time job is issued for less than half the rate, then the norm of hours worked per month should also be reduced. For example, if a person works at 0.25 rates, then for him the normal working time is not half, but only a quarter of the maximum value approved by the production calendar.
Average workday: formula
The average length of the working day is determined in the accounting and economic calculations of the rational use of the working time fund. Most often, it is calculated in the following cases:
- With a work week that lasts six days;
- For positions that have an irregular schedule;
- For people who are often involved in overtime work;
- For positions that have a shift schedule.
The average working day is calculated using the formula:
Note! If a person works for a five-day week, with a regular working day, then it makes no sense to calculate the average, since it will be equal to the actual work shift, that is, 8 hours.
Labor legislation of the Russian Federation regulates what duration of working hours is considered normal. It is equal to 40 hours in a week. The standard work schedule is a five-day week with an 8-hour workday and two days off. Based on this, the monthly working time norm is established. The length of the work shift is not regulated, but the employer must take into account that the employee must have a rest of at least 42 consecutive hours each week. For part-time workers, the normal working time in the Russian Federation has been halved compared to the norm for a full working day.
How long is the normal working week under the Labor Code?
Labor standards are designed in such a way as to guarantee the working person an even alternation of periods of work and rest. In accordance with article 91 of the Labor Code of the Russian Federation, normal working hours cannot exceed the standard 40 hours per week. That is, it is an 8-hour working day with 5 days a week.
At the same time, for some groups of workers, special time frames for working days are determined.
- Children aged 14-15 should not work more than 5 hours a day, and adolescents 16-18 years old should not work more than 7 hours a day.
- Pupils who combine school or college with work at the age of 14-15 should not devote more than 2.5 hours a day to work duties, and at 16-18 years old - more than 4 hours.
- Disabled workers perform their official duties no longer than the medical commission establishes by its conclusion.
- Those working in special working conditions (in hazardous and hazardous industries) should not work more than 8 hours a day with 36 cumulative hours a week and over 6 hours a day with a 30-hour working week. Additionally, by an intersectoral agreement and a collective agreement with the written approval of the employee, the duration of daily work can be increased, but no more than 12 hours for a 36-hour week and no more than 8 hours for 30 hours a week.
- Workers in creative professions (media workers, citizens employed in film production, theater and circus workers) can set the individual length of the working day, determining it with the consent of the Russian Tripartite Commission for the Regulation of Labor Relations in a collective agreement, employment contract or the internal position of the employing organization.
The legislation obliges the employer to take into account the time worked. For these purposes, a time sheet was developed and approved by the Resolution of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1, the maintenance of which is the responsibility of one of the employees.
Shorter working hours
The duration of the working day or week is determined by the employment contract with each employee individually. In cases stipulated by law, a reduced or part-time working regime may be determined for a certain employee.
Article 92 of the Labor Code of the Russian Federation obliges the following workers to shorten the standard working week:
- children under 16 - no more than 24 working hours per week;
- adolescents from 16 to 18 years old - maximum 35 hours in 7 days;
- people with the 1st or 2nd disability group - no more than 35 hours;
- workers in hazardous industries - no more than 36 hours per week (and no more than 40 hours with the consent of the employee and in the presence of an intersectoral agreement and collective agreement);
- minor students combining study and work in their free time - no more than half of the standard that is prepared for the working population of their age (for example, for 16-year-olds - no more than 12 hours a week).
Part-time work
With the consent of the employee and the management of the enterprise, a citizen can be assigned a limited working day, when the next shift ends earlier than the normal duration of working hours, or an incomplete working week.
The obligation to arrange a part-time or part-time work week lies with the employer if such a request comes from:
- an employee preparing to become a mother;
- a parent raising a child under 14 years old or a child with a disability under 18 years old;
- an employee caring for a sick family member in accordance with a medical report.
The mode of a limited working day or week should not affect the size of the worker's leave and other guarantees provided by law, however, the salary of such employees is calculated in proportion to the hours actually worked or the work standard fulfilled.
On the day before public holidays, normal working hours are reduced by 1 hour. If it is impossible to interrupt the production process or the production technology does not allow the team to leave before the standard working time limit, the "extra" hour worked is compensated by an additional day of rest or payment for overwork. With a 6-day work week, the shift before the weekend cannot be longer than 5 hours.
Working at night
Night time of the Labor Code of the Russian Federation recognizes work in the interval from 22:00 to 6:00 the next day. Employment at night does not seem normal, but many businesses operate non-stop or in shifts. In this case, employees are provided with additional guarantees and concessions.
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Can't work at night:
- employees awaiting the birth of a child;
- underage workers, other than children, engaged in creative work (for example, in filmmaking).
Exclusively with the approval of the employee, if there are no medical prohibitions and with notification of the right to refuse such work, the following may be involved in night work:
- mothers with children under 3 years old;
- parents of disabled children;
- employees with disabilities;
- workers caring for a sick family member;
- parents raising alone (without a spouse) children under 5 years of age.
Normal working hours at night are reduced by 1 hour. If there is a production need or the organization works in a shift mode 6 days a week, then the duration of the work shift at night can be equal to the length of the working time during the day. The size of the night shift is not reduced for employees who are deliberately hired to work at night, as well as for those employees who already have a reduced working time.
Work outside the established working hours
The employer is entitled to mobilize the employee to perform the duties entrusted to him outside the normal working hours, but only in the options stipulated by the Labor Code.
It is possible to extend the work shift with the consent of the employee:
- To complete the work begun, which, due to force majeure circumstances, was not completed during the work shift, if the interruption of the process can lead to damage or destruction of the property of the enterprise or the state, as well as pose a threat to the life and health of the population.
- To complete repair work on the repair of mechanisms and structures, if a breakdown can carry the danger of interrupting the normal work process for a significant number of employees.
- In the event of an unplanned absence of the shift, if the work does not tolerate interruptions, the employee can continue to work longer than the time set for his change, but the manager must take all possible actions to replace the employee.
Without asking for their opinion on overtime, workers can be recruited for overtime work:
- To eliminate disasters, industrial accidents or to correct the consequences of such disasters, accidents or natural disasters.
- To carry out work on the restoration of standard activities, centralized hot and cold water supply, gas systems, heat supply, lighting, transport, communications.
- To perform work due to a state of emergency or martial law, in the event of a disaster or threat of disaster, that is, in situations that threaten the life or normal existence of the population or part of it.
Cannot work over the established working time limit:
- pregnant women;
- children.
Work over the limit of normal working hours cannot last more than 4 hours for 2 days and 120 hours per year.
Irregular working hours, flexible working hours and shift work
In the business process, there are special modes of performance of labor duties, in respect of which to talk about normal working hours can be very conditional. This is employment in the regime of irregular working hours, flexible working hours and shift work.
Irregular working hours are regulated by the local documents of the enterprise and the collective agreement for individual employees. The irregular work regime assumes that the working citizen, by order of the management, will periodically perform his labor duties outside the limits of the established duration of working hours. Unlike overtime work, irregular working hours are not legally limited by any framework.
The flexible working time regime allows that the parties to the employment relationship independently set the hours of going to work, leaving work and the length of the working day in total. At the same time, the employee must be guaranteed the generation of the total volume of working hours for the accounting period.
Shift work is established in those organizations where the production process cannot be limited by the time frame of the working day. In this case, the team is divided into shifts, and each shift performs its job duties during the agreed duration of working hours. Replacement of working groups is proceeding according to the schedule. Labor for 2 shifts in a row is not allowed.
What is the duration of working hours for teaching staff
The profession of a teacher in relation to the mode of work and rest, standards of normal working hours has some peculiarities.
Article 333 of the Labor Code of the Russian Federation determines the limit of working time common for all pedagogical workers, which cannot exceed 36 hours per week. At the same time, the code makes a reference to the normative document of the Ministry of Education, which specifies the upper limits of the workload of workers depending on the specialty and characteristics of work (order of the Ministry of Education and Science of Russia No. 1601 dated December 22, 2014).
This order, in addition to the standard 36-hour week, defined, for example:
- 30-hour week for senior educators and physical education instructors;
- 20 hours a week for speech therapists and speech pathologists;
- 24 hours a week for the music director;
- 25 hours per week for educators working with children with disabilities.
Lecture number 6-2.
Fundamentals of Labor Law of the Russian Federation
Working hours and rest times
Discipline of work
Protection of the labor rights of citizens
1. Working time The concept of working time. Its types
Working time is recognized the time during which the employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulatory legal acts, relate to working hours.
Other periods of time that, in accordance with laws and other regulatory enactments, refer to a worker, are periods of downtime, paid breaks during the working day, time spent on a business trip, time between shifts during the period of stay on watch, etc.
There are the following types of working hours: normal, shortened, incomplete, overtime, night.
Normal working hours
Normal working hours is a statutory working time norm that must be observed by the parties to an employment contract (employees, employers), regardless of the form of ownership of the organization.
As established by law, the normal working hours cannot be changed by other regulations and by agreement of the parties.
The maximum normal working week for all employees who have entered into an employment contract should not exceed 40 hours. This is the general norm.
Reduced working hours
The legislator establishes a shortened working week:
For persons under the age of 16 - no more than 24 hours a week;
For disabled people of I or II group - no more than 35 hours per week;
For employees aged 16 to 18 - 35 hours per week;
For workers engaged in work with harmful and difficult working conditions, in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations - no more than 36 hours per week;
For medical workers - no more than 36 hours per week;
For teaching staff - no more than 36 hours per week;
Women working in the Far North and equated localities and in rural areas - no more than 36 hours a week.
In case of a shorter working day (as a general rule), an additional payment is made for the hours not worked by the employee based on the employee's average earnings.
Part-time work
When concluding an employment contract or subsequently by agreement of the parties, a part-time or part-time working week may be established. The law (Art. 93 of the Labor Code of the Russian Federation) defines cases when the employer is obliged to establish part-time work for the employee at his request. So, he is obliged to do this at the request of a pregnant woman, one of the parents (guardian, trustee) who has a child under the age of 14 (a disabled child - under the age of 18), as well as a person caring for a sick family member in in accordance with the medical certificate issued in accordance with the established procedure.
When working on a part-time basis, the employee is paid in proportion to the time worked or depending on the amount of work performed.
It should be borne in mind that part-time work does not entail for employees any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights.
The employee is paid in proportion to the time worked (or the output produced - under the piece-rate system).
Chapter 15 of the Labor Code of the Russian Federation speaks about the length of the working week and the structure of working hours. The duration of the working day in the articles of the Labor Code is not defined for all groups of workers. For whom restrictions are imposed - this article will tell.
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Types of age and professional restrictions
Working time is a set of periods when an employee performs his duties. In addition to labor itself, this concept includes periods:
- forced downtime associated with objective reasons;
- lunch (for workers who do not have a separate break, and they take food at the workplace);
- heating for those who work outside during the cold season;
- feeding children under 1.5 years old (30 minutes every 3 hours, if the child is one, 1 hour - if two or more).
Working time restrictions:
If an employee under the age of 18 is studying full-time and working during the school year, the working week is halved.
How many hours should it last
In general, it is important that the work week should last no more than 40 hours. Overtime, called overtime, is paid at an increased rate.
In addition to the legally defined reduction in the time for performing duties for minors, disabled people, teachers and workers in hazardous industries, a shortened working week is also entitled to other groups of workers.
For women
With the agreement of the employer, some women may switch to part-time work. Such working conditions will necessarily be created upon a written application:
- a pregnant woman upon presentation of a certificate from the antenatal clinic confirming pregnancy;
- parent of a child under 14;
- parent of a disabled minor;
- an employee caring for a sick relative.
It is important to remember that the less time worked per week, the lower the wages.
In the regions of the Far North and those equated to them, women have the right to work 36 hours a week at full wages.
For women with children
Mothers with children under the age of 14 should ask how many hours are the working day under the Labor Code in 2020. By law, they have the right to reduce their working hours if necessary. To exercise this right, it is enough to write an application to the employer.
Women with children under the age of 3 will only take overtime work, business trips or night shifts if they give written consent to do so.
For women with children, there are three options for switching to reduced working hours:
- reduction of the working day by several hours;
- maintaining the norm of the working day, but reducing the number of working days;
- decrease in the number of daily work hours and days in the work week.
Mothers with children under 1.5 years old are entitled to breaks for feeding the child / children. For an eight-hour working day, the mother of one baby will have 2-3 breaks of 30 minutes each.
The accumulated time, at the request of the employee, can be added to the lunch break or postponed to the beginning or end of the working day. This is full billed time.
With lunch
Allocated lunch breaks are not included in the total working hours. If an eight-hour shift is set and an hour-long lunch break is set, the total interval between the start and end of the working day will be 9 hours. Of these, 8 - the time of performance of labor duties, another 1 hour - free time.
The exception is when the employee has to eat at the workplace. For example, if the shift schedule does not imply a break. Then the time for lunch is included in the duration of the shift.
For educator and teacher
A 36-hour work week has been introduced for teachers. The working hours for one day are not specified by law.
For teachers of a 12-hour kindergarten, a six-day working week with a six-hour shift can be established: from 7.00 to 13.00 and from 13.00 to 19.00. With a five-day week, the shift schedule can be built with a floating duration of working days:
Approximate weekly shift schedule for a kindergarten teacher:
| W | Wed | NS | Fri |
Total hours |
|
| 7 h. | 7 h. | 8 h. | 7 h. | 7 h. | 36 |
| 6 h | 8 h. | 6 h | 8 h. | 8 h. | 36 |
The working time of a school teacher is divided into standardized and non-standardized parts. For a bet, the duration of the standardized part is 18 hours. This is an immediate study load, scheduled classes.
Another 18 hours are included in the non-standardized part and are set aside for other work related to the teacher's profession: checking notebooks, class teacher duties, work in methodological associations. During the non-standardized time, the teacher is not obliged to be at school.
Friday and holidays
There are no provisions in the law to reduce working hours on any day of the week. The early end of the working day on Friday is more likely the result of an agreement between employees and management.
While maintaining a 40-hour week, you can finish work before the weekend 1 hour earlier, reducing your lunch break by 12 minutes daily.
On the eve of the holidays, the law prescribes to reduce the working time by 1 hour. If it is impossible to finish the work earlier, compensation for overwork is due in money or rest time.
The last day before the weekend in a six-day week cannot be longer than 5 hours.
Nuances of summer work
The time by which the duration of the day / shift should be reduced for employees, if the air temperature is above normal, is presented in Table 3.
The rate of reduction of working hours in the heat:
|
Air temperature in the working room |
The rate of reduction in labor time per day |
| 28.5⁰C | 1 hour |
| 29.0⁰C | 2 hours |
| 30.5⁰C | 4 hours |
The Labor Code of the Russian Federation does not answer unequivocally for everyone how many hours a working day should last, but sets guidelines for those who have the right to reduce it. It is often impossible without a written statement from the employee.
To exercise your rights, you need to know the content of the law well and be ready to defend your rights.
Calculators
