В самом общем смысле время - это понятие, что arises on the basis of perception of events, activities in the length and duration of them, a certain cyclical nature of natural phenomena. Mankind divides it into physical, biological, psychological, spiral, cyclical, linear, social, natural, and so on. And we will touch on the types of working time in this material. To begin with, we will reveal the term itself.
What is it?
We begin to understand the concept and types of workerof time. The Russian Labor Code (Article 91) defines it as the time during which an employee is obliged to fulfill his duties under the terms of the employment contract with him, as well as according to the internal regulations of the company. This also includes other temporary periods, which, in accordance with the legislation of the Russian Federation, are equal to workers:
- plain;
- paid breaks at work;
- inter-shift rest during shift work;
- being on a business trip and so on.
Analyzing the concept (and types) of working time, we note that the latter serves as a natural measure of labor. It also directly affects the working capacity and general well-being of the worker.
Working time does not have one specificinterpretation. For example, from the side of the economy, this includes only the period that was spent by the worker on the performance of any labor task. Breaks are no longer included.
We will consider the concept and types of working time and rest time from the side that this is the Labor Code of the Russian Federation.
Time working and actually spent: the difference
And now an important nuance.In fact, the waste does not apply to the types of working time! It will be considered a qualitatively different category. In fact, the time worked will be that during which the employee was involved in solving the work task.
What does it mean?If the remuneration in the organization is carried out according to the actual hours worked, then the employee will receive remuneration only for the hours that he specifically devoted to his work. Lunch, special breaks, forced downtime are not included. And that means they are not paid at all.
What types of working time are there?
Consider the most common, but at the time and causing a lot of questions varieties:
- Unnormalized.
- Incomplete.
- Overtime.
- Shortened.
With each of them, we suggest you familiarize yourself in detail.
Abbreviated type of working time
Abbreviated is a type of cost of working time.that will be less than the standard 8-hour, but paid at the same time at the rate. By law, it can only be established for certain groups of employees.
The latter include:
- Workers up to 16 years. TC allows you to enter for them no more than 24-hour work week.
- Workers 16-18 years. Under the law, they can work weekly for no more than 35 hours.
- Workers who are engaged in hazardous production or whose activities take place in hazardous conditions for life and health.
If we turn to art. 92 of the Labor Code, we will establish that a shortened working week can also be introduced for teachers, medical workers and other categories of workers.
The duration of employment of eachemployee is determined individually and is prescribed in the contract of the employer with him. The basis here is an inter-branch, branch agreement, internal rules of the company.
Part time type
What is related to this type of time tracking? The answer is given by art. 93 of the Labor Code. This is a working time that is shorter than normal.
And now its difference from the abbreviated.In that case, the payment was at the full rate, even though the worker spent less hours at work. And with part-time work remuneration is proportional to the volume of production. Or the time that a citizen spent on his work.
According to the Labor Code of the Russian Federation, an employer may enter into a contract on part-time work only with these categories of citizens:
- Pregnant women.
- A parent (or legal representative) with a child under 14 years old (or with a disabled minor child).
- A citizen who cares for a sick relative (only on the basis of a medical certificate of the need for such a measure).
The contract is concluded only by personal writtenstatement by these individuals. However, the employer has the right to install part-time work on his own initiative. He should warn workers in writing about such an innovation 2 months before approval of the amended schedule.
И еще одно исключение.Part-time work can be introduced by the employer in the conditions of changing working conditions, which are strong entail dismissal of workers. Such a measure under labor law can be set for six months. If an employee refuses such conditions, then he must be dismissed with a record in the "staff reduction" workbook.
Part-time work can be presented in three variations:
- Part-time work. The schedule of each of the working days is individual.
- Part-time work week. The work schedule for each day is the same, but the number of working days is reduced.
- Option, which includes the first and second type.
Overtime type of work time
Что включается сюда?Work at the initiative of the employer, for which the worker needs to spend more than 8 hours a day. It is governed by art. 97 of the Labor Code, Federal Law, regulations, employment and collective bargaining agreements.
For such work management issued a special order. Workers are allowed to them by their own written consent.
Overtime work imposed a large number of restrictions:
- They are forbidden to attract pregnant women workers, the disabled, underage workers, mothers with children under 3 years.
- As an exception, disabled people and women with children under 3 years of age may participate in such works, but by their personal consent. And in the case when it allows their health.
- The duration of overtime work is not more than 4 hours for two days in a row, not more than 120 hours per year.
- There are settings for payment.The first two hours are calculated at the 1.5th tariff, the next - by double. The order of remuneration must be prescribed in a collective and individual labor contract.
- At the request of the employee, such work can be compensated not financially, but by providing additional days off, at least as much time spent.
Non standardized type of working time
The legislation also includes all laboractivities that go beyond the standard eight hours. But what is the difference from the previous type? The employee is involved here in the implementation of urgent or especially important tasks.
Regulated by Art.142 of the Labor Code, as well as related federal legislative documents, acts of the organization itself. An additional remuneration must also be issued to the employee if his unregulated schedule is related to:
- Labor on holidays or weekends.
- Employment at night.
- Combining several posts.
Mode
Another important concept.The working time mode is the established order of distribution of the norms of the spent time period. It is introduced by the organizations themselves. It is fixed both in the collective agreement with workers, and in the regulations of the internal schedule, based on federal laws and the Labor Code.
If the mode of operation of any categoryemployees differ from the generally accepted for a firm or enterprise, this should be stated in the employment contract with it. And do not contradict the Labor Code and Russian legislation.
Varieties of modes
Imagine the most common types of working hours:
- The working day that is divided into parts.
- Flexible working time.
- Multi-shift operation mode.
- Irregular working day.
- Total accounting for hours worked.
- Daily accounting of the mass of working hours.
Regulation of the Labor Code
In the context of the types of working time we considered the types of its modes. Let's turn now to the legislation that regulates them - this is Art. 100 TC:
- Rationing of the working week. It can be 5 days with two days off, 6 days with one day off, with days of rest on a sliding schedule or incomplete.
- The act is also responsible for irregular working days in the schedule of certain categories of workers.
- Both the number and duration of labor shifts (or part-time).
- The time of the beginning and end of labor activity (shift).
- The number of breaks in the working day, their duration.
As for other types of working hours:
- Flexible schedule is governed by art. 102 of the Labor Code.
- Work day, divided into parts - Art. 105 of the Labor Code of Russia.
Breaks
Considering the types of working time under the Labor Code, it is important not to forget to note that several types of breaks are fully included in this concept.
This is the next short break:
- Breaks for meals.Russian legislation provides for their duration from 30 to 120 minutes on each working day. The employer is obliged to provide the workers with such a break during working hours. Information about him should be in the internal regulations.
- Breaks for heating.Only for the case when workers work in unheated space. A break is also required for those who are engaged in unloading and loading operations. At the same time should be provided and space for heating.
- Special breaks. They are caused by the special organization of activity, complex technologies of work.
- Breaks for young mothers.For workers with children up to 1.5 years old, the free hour is spent on feeding a child. Such a break will also be working time. It is paid to the woman according to the tariff rate. At the request of the mother, these breaks can be transferred, moved closer to the beginning or towards the end of the working day, or added to the time of the annual leave.
Break examples
Let's look at specific examples.
Those workers that every working day are busy onoutdoors or in unheated rooms, are entitled to a 10-15 minute hourly break for heating. They are street sweepers, slingers, assemblers, porters, etc. In addition, they are legally provided with hot meals.
And now another area in the consideration of speciesworking time. This is work with a computer - it even belongs to the category of special. Under the law, an employee here has the right to an additional 10-15 minute break after every 2-3 hours of his activity behind the device. The rule is valid only for those workers who do their work on a PC, laptop all day, without being separated from the equipment.
Norms
Consider the types of norms of working time. There are two main ones:
- Everyday.
- Weekly
Already from the last (weekly) experts determine the annual, semi-annual, quarterly and monthly working rates.
Referring to the TC of the Russian Federation.The standard rate for a working day is 8 hours. Accordingly, the work week can not be longer than 40 hours. Such a rule must be prescribed in the employment contract with the employee. If his activity is carried out in special conditions, this should also be indicated in the document.
The legislation also provides for special rules regarding the regulation of working time:
- If a worker works on a 6-day schedule, his working day on the eve of the weekend cannot be longer than 5 hours.
- There are norms and pre-holiday dates.On such a day, workers should be busy 1 hour less than usual. If the rule is not respected, then work at this hour is recognized as overtime legislation.
Working time is a very important concept forworker. It depends on him the remuneration for work, as well as the general state of health, working capacity of a citizen. Therefore, you should always check the provisions on working time in your own employment contract.
