legal limit. In general normal working hours cannot exceed 40 hours a week. We will consider the nuances of labor regulation in our article.

Working time as a legal category

The fundamental legal norm establishing the ratio of time spent on work and rest is Art. 37 of the Constitution of the Russian Federation, indicating that the employee, as a participant in labor relations, is guaranteed the maximum designated amount of time that he can use for work. It is regulated at the level of federal legislation and is limited by the legal provisions of the Labor Code of the Russian Federation.

Art. 91 of the Labor Code defines the legal category “ work time" This is the time that the employee must use to complete labor function, and the duration of this time, the start and end times are established by the employment contract. The Code, federal and industry regulations qualify the process of actual labor and “other” periods of time as working time. The category of other time intervals includes so-called regulated breaks:

• breaks related to the organization and technology of the labor process: for heating and rest according to Art. 109 of the Labor Code of the Russian Federation when performing a labor function not indoors or in an unheated room, for rest of air traffic controllers according to clause 11 of the regulations of the Ministry of Transport regulating the work of air traffic control (approved by order of the Ministry of Transport dated January 30, 2004 No. 10), for car drivers according to paragraphs. 15, 19 of the regulations of the Ministry of Transport regulating the work of car drivers (approved by order of the Ministry of Transport dated August 20, 2004 No. 15), etc.
• additional breaks for feeding children for working women when children are under 1.5 years of age under Art. 258 Labor Code of the Russian Federation.

The listed breaks are part of the working time and are subject to payment.

Normal working hours are no more than 40 hours

Normal working hours cannot exceed the limit designated by the code and is determined by (1) the amount of labor time expressed in hours, and (2) the calendar interval during which this number of hours must be worked. Art. 91 of the Labor Code of the Russian Federation regulates the first criterion (no more than 40 hours) and the second criterion - a time interval equal to a week. The norm is established in the general case, i.e. the performance of a labor function takes place under normal, standard conditions, and performers of labor duties do not require, for example, age, health or family status, special labor protection measures.

It should be noted that Art. 91 fixes the maximum limit of labor time: indicator normal working hours cannot exceed 40 hours a week. This provision is generally applicable:

• for all employers, regardless of organizational and legal structure and form of ownership;
• for all types of labor contracts - open-ended, fixed-term, seasonal, short-term (the only exception is part-time work, where the duration of work is different in nature);
• for all employment schedules.

Special working time standards for special subjects

As already noted, the quantitative value of the working time norm depends on the properties of the subject of labor (worker) - his age, health - and, of course, on working conditions. The Labor Code provides a classification of types of working time by length. It could be:

• It is normal when the maximum duration for the general category of workers is no more than 40 hours in a work week (Article 91 of the Labor Code of the Russian Federation).
• Abbreviated when maximum duration is established for workers depending on age, health or existing harmful or dangerous working conditions. The maximums are regulated by Art. 92 of the Labor Code of the Russian Federation, and for various groups of workers the duration of the week is set at levels of no more than 36, 35, 24 hours. Note that there are industry standards that fix a different length of the working week for medical, teaching and other personnel.
• Incomplete when duration is set labor agreement for workers with family responsibilities. Art. 93 names the circle of persons for whom the employer must, at their request, determine part-time work. These are pregnant women, parents of children under 14 years of age and other categories. It is understood that such employees are paid according to the hours worked.

Standard time for a schedule other than 5/2

So, the time of employment of an employee is limited by the legislator. The period defined as normal working hours, cannot exceed 40 hour week. Compliance with this legal status is closely related to the solution of the question of how, according to what schedule, work is carried out.

The existing ratio of work and rest time has the following options: 5-day employment with 2 days of rest, 6-day work week with a single day off, a sliding schedule for providing days of rest, part-time work week. Let us note that the vast majority of workers work on a five-day basis (5 eight-hour working days per week).

It is necessary to dwell on some of the nuances of organizing work and rest time for other types of employment. For example, if a 6-day working week is established, then the length of the working day on the eve of a day off cannot exceed 5 hours (Article 95 of the Labor Code of the Russian Federation). In such circumstances, the legislator is not talking about a quantitative reduction in the size of the working week, but about the redistribution of working time in order to implement the norm of Art. 110 on the length of continuous rest time between working weeks of 42 hours. If installed work schedule with “sliding” weekends, then it is necessary to comply with the norm of Art. 111 about compulsory rest on Sunday.

Working hours are an essential working condition. For this reason, the employee’s employment schedule must be formalized by the employer in the form of a separate regulatory legal act or included in the internal regulations or collective agreement. If an employee’s employment regime differs from that adopted by the organization as a whole, it must be separately stated in the employment contract.

In addition to reflecting the length of the work week and daily work, the schedule must contain an hourly breakdown of the work day. As a result, the schedule should indicate the start and end times of work, established breaks, the number of shifts, the order of rotation of shifts, as well as the schedule of working days and weekends.

Normal working hours per week and standard working hours

So, Art. 91 of the Labor Code of the Russian Federation states: “ Normal working hours cannot exceed 40 hours a week.” This legal postulate has become fundamental in the methodology for calculating working hours.

Another document - order of the Ministry of Health and Social Development dated August 13, 2009 No. 588n - established a regulation according to which the duration of working hours is calculated in fixed calendar intervals and is based on a 5-day workweek schedule. The duration of work per day should be:

• 8 hours if the work week is 40 hours;
• if there are less than 40 working hours in a week, then the daily duration is established by dividing the number of hours of the working week by 5.

That is, the established length work week, which, as already noted, can be 40, 36, 35 or 24 hours, must be divided by 5 and multiplied by the number of working days in a certain month according to the five-day schedule. The resulting total should be reduced by the number of hours attributable to the reduction in labor time on the eve of the holidays. non-working days. There is a standard established by Art. 95 Labor Code: on the days before non-working holidays, work hours should be reduced by 1 hour.

The method described above is convenient in that it can be used to calculate the standard working time, which is applicable in any employment mode.

The employer's responsibilities include personal and daily recording of each employee's work time.

For the form for recording working hours and the procedure for filling it out, see the article.

Working time tracking - we identify the norm and excess

Control over whether the duration of labor time complies with existing standards is carried out in the process of recording working time. The process of organizing labor at different enterprises can be organized on different principles. In particular, labor time can be recorded for various time periods, and, as a rule, enterprises choose from three options: day, week or summarized accounting.

Daily recording of working time is advisable for those employers whose work schedule assumes that the duration of work is the same on any day. In circumstances where the actual daily working hours exceed the standard, the difference is not compensated for by shortfalls in subsequent days, but is classified as overtime work.

Weekly recording of working hours is required in circumstances where, within the normal limits of weekly work, the length of working days may actually fluctuate from day to day. Weekly accounting is appropriate, for example, when work is carried out on a flexible schedule (Article 102 of the Labor Code of the Russian Federation).

Summarized accounting of working time is most necessary for such labor regimes as shift work (Article 103 of the Labor Code of the Russian Federation) or rotational work (Article 300 of the Labor Code of the Russian Federation). The principle of this type of accounting is as follows: time labor activity is not counted as a week, but as another period (three weeks, a month, two months, etc.). The use of a different duration of interval for calculating working time is due to the fact that for objective reasons, for example due to the specifics of the enterprise, it is not possible to strictly adhere to the established, standardized duration of weekly or daily work. The time period taken by the employer for the purpose of standardization for calculating the number of working hours is called the accounting period. The total duration of work during this time cannot be more than the normal weekly, multiplied by the number of weeks. With all this, for the length of this period Art. 104 of the Labor Code of the Russian Federation defines a maximum of one year.

For more information on calculating the standard hours for a shift schedule, see the material.

It is the employer's responsibility to record the time worked by employees. Moreover, it is necessary to take into account time both within the normal duration and in cases where working time standards are exceeded due to overtime work or work in irregular working hours. These two concepts characterize the employment of an employee in excess of the established norm and, therefore, require separate legal regulation.

Exceeding the norm: overtime and irregular working hours

Art. 99 of the Labor Code qualifies overtime work as work performed on the direct instructions of the employer outside the normal working hours. If we're talking about about daily accounting, then such work will be considered work after completion working day or shifts. If we are talking about summarized accounting, then such work is considered to be work that lasts more than the standard number of hours during the accounting period.

One of mandatory conditions The factor is that the employer’s instructions to work overtime must be in writing. Overtime work may be required subject to certain restrictions. The permissible limits depend on the type of work that must be performed overtime, the categories of workers involved, and finally, on the duration of overtime work.

Employee consent to overtime work is required to solve the following problems:

• to complete the work begun, which for objective reasons was not completed during the working day, provided that failure to complete this work will result in irreversible damage to property and create a threat to the life and health of people;
• to carry out repair work when a malfunction prevents further work large quantity workers;
• to replace a replacement worker who did not show up.

There are reasons why employees may be required to work overtime without their consent. These reasons are related to the need for action to prevent disasters or to carry out work to normalize the functioning of life support systems for the population during liquidation of the consequences of emergency situations.

In other cases, overtime work is possible with the consent of the employee, taking into account the opinion of the trade union organization. However, the procedure for taking into account the opinion of the trade union organization is not explained by the code (Article 371 of the Labor Code of the Russian Federation), and in practice, it is enough for the employer to notify the trade union (if there is one) of its decision related to overtime work.

The law prohibits overtime work for pregnant women and adolescents under 18 years of age. If there is consent and there are no medical contraindications, then it is allowed to involve women with children under 3 years of age and disabled people in work beyond the normal length. However, in such circumstances, a special licensing procedure applies: the specified employees confirm in writing that they are aware of their legal right not to work overtime.

The amount of overtime work for its performer should not exceed 4 hours for 2 consecutive days and for 120 hours per year. Overtime work should be paid in an increased amount (Article 152 of the Labor Code of the Russian Federation).

An irregular working day is considered to be a work schedule in which the duration of working hours differs significantly from the duration of work established by legislative acts. With such a schedule, workers may sometimes be required to work outside the normal working hours. Availability of irregular working hours yes essential condition labor function, and therefore it must be in mandatory reflected in the employment agreement.

Results

The weekly working hours should not exceed the maximum of 40 hours determined by the legislator. It is on the basis of this indicator that the standard working time is established for all available labor modes. Performing labor beyond the norm is subject to separate regulation by law.

The standard working time is the amount of time that an employee must work during a calendar period of time (per month, quarter, year). The standard working time for a specific period is calculated based on the duration of working hours per week.

Thus, according to the calculated schedule of a 5-day 40-hour work week with two days off on Saturday and Sunday, the norm is calculated based on the duration of daily work (shift), which is 8 hours. And if the working hours are less than 40 hours per week, then the duration of daily work is determined by dividing the number of hours per week by 5 (clause 1 of the Procedure, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 N 588n).

In addition, the calculation takes into account that the duration of the working day (shift) immediately preceding a non-working holiday is reduced by 1 hour (Article 95 of the Labor Code of the Russian Federation). Thus, the formula for calculating the standard working time for the month of 2017 with a 5-day working week looks like this:

The standard working time for 2017 is calculated in a similar way.

Normal working hours and standard time for 2017

What are the normal working hours per week? In accordance with the Labor Code of the Russian Federation, normal working hours cannot exceed 40 hours per week (Article 91 of the Labor Code of the Russian Federation). This is the maximum value. But since the standardization of working hours must take into account the working conditions of workers, their age and other factors, the working time per week may be less than 40 hours. For example, 36 hours a week (Article 92 of the Labor Code of the Russian Federation). With such a length of the working week, the standard working time, for example, in August 2017 is:

• with a 40-hour work week - 184 hours (8 hours x 23 work days);
• with a 36-hour work week - 165.6 hours (7.2 hours x 23 work days).

In 2017, there are only 3 days when working hours must be reduced by an hour, as they immediately precede public holidays: February 23rd, March 8th and November 4th. That is, the total reduction in time is 3 hours. And the total number of working days in a year is 247. As a result, the standard working hours for 2017 is equal.

The definition of such a concept as working time is given in Article 91 of the Labor Code, according to which it is “the time during which the employee, in accordance with the internal labor regulations and conditions employment contract must perform labor duties, as well as other periods of time that, in accordance with this Code, other federal laws and other regulatory legal acts Russian Federation refer to working time." Moreover, a number of periods when the employee did not actually work are also recognized as working time. For example, as a result of downtime caused by the company.

The Code also defines the normal working hours. It is 40 hours a week. For some categories of employees, reduced working hours should be established. For example, for workers aged 16 to 18 years, it is 35 hours per week. The list of such employees is given in Article 92 of the Labor Code. By agreement between the company and the employee, the latter may be assigned part-time working hours (). Moreover, in some situations the company is obliged to do this. For example, at the request of a pregnant woman. When working part-time, the employee must work the number of hours agreed upon with the employer. For example, a company has a five-day work week with a working day of 8 hours (that is, a 40-hour work week). At the request of the employee, he may be given not an eight-hour, but, for example, a seven- or six-hour working day (that is, a 35- or 30-hour working week). An option is possible when an employee works not five days a week, but less (for example, 4 or 3 days).

() art. 93 Labor Code of the Russian Federation

What is the difference between short-time and part-time work? The first is mandatory in cases expressly provided for Labor Code. Otherwise, it will be considered a violation of labor laws. The second is determined by agreement between the employee and the company. Moreover, the employing company is not obliged to establish part-time working hours (except for the cases that we discussed above).

If, at the initiative of the company, an employee worked beyond normal working hours, this is considered overtime work. Therefore, overtime hours are paid at an increased rate.

Most small companies keep daily records of working hours. It is used for the same daily working hours. As we said above, with a 40-hour, five-day work week, this amounts to 8 hours a day. If an employee works on a 35-hour, five-day workweek, this is 7 hours a day, etc.

An option with weekly accounting of working hours is possible. In this case, the standard working hours per week must be observed. For example, 40 hours with a five-day work week with two days off (Saturday and Sunday).

With this accounting, it is possible that hours will be underworked on one day or another of the week, with work being completed on another day. Let's assume that on Monday the employee worked 6 hours, and on Wednesday - 10 (all other days he worked 8 hours). In this situation, normal working hours will be respected. In this case, the fact of working on Wednesday for 10 hours (2 hours more than required) is not considered overtime work.

Often, due to working conditions, it is impossible for an employee to comply with the daily (weekly) working hours. On some days he must work more than the established norm, on others - less. In such a situation, it is used to keep a summary record of working time (). In this case, the working hours should not exceed normal number working hours for the accounting period. This period can be any period of time defined by the company (for example, a month, a quarter, a half-year). In this case, the maximum duration of the accounting period is one year.

Work time- part of the calendar time spent on producing products or performing a certain amount of work and services.

Labor time is an indirect estimate of costs. For an individual worker, working time is usually measured in hours and days. For the totality of workers - in man-days, man-hours. A person-day worked is considered to be the day on which the employee reported for work and started work. A man-hour worked is considered to be an hour of actual work performed by one employee. In fact, a man-hour counted as worked does not always consist of 60 minutes of work. Minor breaks in work are identified using timekeeping and photographs of the working day.

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

Working time should be distinguished from time actually worked

• Firstly, actual time worked - the time during which the employee actually participates in the labor process;
• Secondly, remuneration must be made for the actual time worked, spent on performing any labor operations. It may coincide, be more or less than working hours;
• Thirdly, in contrast to the actual one for violation of working hours labor legislation provides for the imposition of certain sanctions.

Normal working hours workers at enterprises, institutions, organizations cannot exceed 40 hours per week. This norm applies to employees of all enterprises, regardless of their form of ownership, except for those for which, in order to protect their health, reduced working hours are provided.

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

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

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

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

Half-holiday

Along with normal working hours, labor legislation provides for reduced working hours, part-time work, and irregular working hours.

Reduced working hours is established for certain categories of workers and is determined, as a rule, by working conditions, age, physiological characteristics and a number of other factors. Thus, for workers aged 16 to 18 years, working hours are set at no more than 36 hours per week; at the age of 15 to 16 years - no more than 24 hours a week; for students aged 14 to 15 years working during the holidays - no more than 24 hours a week; for workers engaged in work with harmful conditions labor - no more than 36 hours per week.

Reduced working hours ( no more than 36 hours per week) is also established for a number of categories of workers included in the list of industries, workshops, professions and positions with hazardous working conditions, for example, for cooks working at the stove, confectioners directly employed at confectionery ovens; for persons combining work with study in educational institutions and etc.

In addition, reduced working hours have been established for individual categories workers whose work involves increased intellectual and nervous tension(teachers, lecturers, educators and other teaching staff - 18 - 36 hours per week); for women working in rural areas (36-hour week); For disabled people of groups I and II, regardless of what enterprises they work at, a 36-hour working week is established.

Under part-time means working time that is at least 1 hour shorter than the established duration of the shift, and a part-time working week means working time that is at least 1 day shorter than the established duration of the working week.

Both part-time and part-time work weeks are established by agreement between employees and management upon hiring, as well as during work. Payment is made in proportion to the time worked or depending on output (revenue).

However, if the initiative to establish part-time work or its cancellation comes from the employer, he is obliged to notify the employee about this two months in advance, since working conditions change significantly.

Part-time work does not entail any duration restrictions for employees annual leave, calculation of length of service and other labor rights.

It should be kept in mind that part-time work is different from short-time work. The main difference is wages. So, if during part-time work, labor is paid, as has already been said, in proportion to the time worked or with piecework wages depending on output, then with reduced working hours, wages are paid in full, established by law for certain working conditions or categories of workers.

For management, administrative and management personnel, as well as for persons whose working hours, due to the peculiarities of their working conditions, cannot be accurately recorded, an irregular working day may be established. These include heads of enterprises, their deputies, etc.

For workers with irregular working hours The basic provisions of normal working hours apply. They may be involved in work beyond the established working hours only in individual cases when the work required requires it, without additional payment. The procedure for compensating overtime for workers with irregular working hours can be established in collective agreements or in local acts head of the enterprise.

Overtime is considered to be work in excess of the established working hours, and, as a rule, they are not allowed, except in exceptional cases provided for by law (Article 99 of the Labor Code). Work is considered overtime regardless of whether it was part of the employee’s normal duties or whether the employee was performing another task assigned to him by the administration.

Overtime work can only be used with the consent of the employee and should not exceed 4 hours for each employee for two consecutive days and 120 hours per year.

When working at night ( from 10 pm to 6 am) the established duration of work (shift) is reduced by one hour. For employees with reduced working hours when working at night, no further reduction in working hours is made.

The following are not allowed to work at night: pregnant women and women with children under three years of age; workers and employees under 18 years of age and some other categories of workers (Article 96 of the Labor Code).

Workers on duty at enterprises and institutions are established to ensure control over compliance with order and the prompt resolution of certain issues related to this. They are introduced after the end of the working day, on weekends and holidays in exceptional cases and only in agreement with the trade union body. The duration of duty or work together with duty cannot exceed the normal length of the working day. It should not be allowed to involve workers on duty more than once a month.

Duty on holidays is compensated by the provision of time off of the same duration as the duty within the next ten days. If an employee who has not received time off for duty is dismissed, time off is granted until dismissal.

It is not allowed to compensate for duty with money, time off in an increased amount (for example, two days of leave for one day of duty) and extension of vacation, as well as summing up days of leave in order to use them in a row.

It is prohibited to involve teenagers, pregnant women, nursing mothers, mothers with children under 12 years of age, and people with disabilities on duty on weekends and holidays.

Labor legislation provides two main types: weekly and summarized. When weekly, the time spent by the employee during each calendar week is taken into account; when summed, the time worked during a certain calendar period as a whole (month, quarter, year) is taken into account. Summarized recording of working time for a monthly or quarterly period is allowed only in cases where it is impossible to establish weekly working hours.

Appendix No. 1. Duration of working hours (standard hours of teaching work per wage rate) of teaching staff Appendix No. 2. The procedure for determining the teaching load of teaching staff, specified in the employment contract

Order of the Ministry of Education and Science of the Russian Federation of December 22, 2014 N 1601
"On the duration of working hours (standard hours of teaching work per wage wages) teaching staff and on the procedure for determining the teaching load of teaching staff specified in the employment contract"

With changes and additions from:

3. Recognize as invalid the order of the Ministry of Education and Science of the Russian Federation of December 24, 2010 N 2075 “On the duration of working hours (standard hours of teaching work for the wage rate) of teaching workers” (registered by the Ministry of Justice of the Russian Federation on February 4, 2011, registration N 19709).

The length of working time for teachers has been revised (norms for hours of teaching work per wage rate). The provisions of the new Law on Education and changes made to the Labor Code of the Russian Federation were taken into account.

Reduced working hours of no more than 36 hours per week are still provided.

The specific length of working time (standard hours per salary rate) depends on the position and (or) specialty of the teaching worker.

Thus, the norm of 20 hours per week is established for teachers-defectologists and speech therapists, 24 hours - for music directors and accompanists, 25 hours - for educators directly involved in training, education, supervision and care of students (pupils) with disabilities health, 30 hours for physical education instructors, etc. For school teachers, the norm has not changed and is 18 hours per week.

For the first time, the procedure for determining the teaching load of teaching staff, stipulated in the employment contract, has been prescribed.

Order of the Ministry of Education and Science of the Russian Federation dated December 22, 2014 N 1601 "On the duration of working hours (standard hours of teaching work per wage rate) of teaching staff and on the procedure for determining the teaching load of teaching staff, specified in the employment contract"

This order comes into force 10 days after the day of its official publication