When concluding employment contracts,establishing the duties and rights of employees and the employer, each of the employees hopes to fulfill their labor function at the specified time, hoping to spend their free time, focusing on their personal needs. Since the employer often seeks the opposite result, the state has decided to resolve possible problems with the help of labor law, indicating the norms of working time. Actually, the issues of legal regulation and formed the labor law.
The working time norm clearly definesthe number of hours required to work by an employee, and is reflected in labor contracts, in collective contracts, in internal labor regulations, and in other regulatory enactments.
An employment contract or local acts determine the accounting period: the employee fulfills the set time according to the schedule of shifts. The graphs, respectively, are different.
The standard of working time indicatedlegislation, provides for the following types of time recording: day-by-day accounting, weekly counting and counting. Weekly accounting is appropriate when the law directly normalizes the working week and establishes a weekly (or daily) duration of time for work. The duration of the daily work is reflected in the graphs taking into account the weekly specific rate. Aggregate accounting is appropriate when the weekly or daily work time norm can not be clearly established (varies).
Summarized accounting, as a rule, implieswork interchangeable. Therefore, the schedules of shifts must be compiled in advance. The compiled schedules are communicated to the personnel working at the enterprise at least a month before they are put into operation. This type of accounting is used for shift shifts, for workers of water or railway transport, as well as for organizations working continuously.
The resulting processing (or, conversely,defects) are regulated in a specific accounting period and offset by a reduction in other shifts or the provision of a separate leave (rest) on other schedules can not (however often employers still go for such violations).
Recycling is overtime work.If the actual duration of work does not coincide with the planned schedule of shifts, the processing of some days is compensated by the reduction of other days and vice versa, but only within the accounting period. The total monthly standard of working time should remain unchanged.
With the accumulated accounting of time worked, the schedule of shifts can not be reviewed.
When constructing a rotation rotation schedule(annual, additional) are not taken into account. If the total number of hours worked by an employee from the beginning of the accounting time to the termination exceeds the standard duration of the previously established working time in a particular period, then processing should be recognized as overtime and paid additionally.
Monthly rate of working time for certainperiods should be calculated according to the schedule of a five-day week of work together with weekends, and based on the duration of work at eight o'clock on a normal day and seven hours on a holiday day at a working week of forty hours. If the duration of the work week is up to forty hours in general and in five days the working time should not be reduced.
For example - the calculation of working hours for January 2013:
- calendar days - only 31;
- Working days - only 17;
- days off - only 14 (including holidays).
The norm of working hours for January:
1) 136 hours (if in the working week 40 hours);
2) 122.4 hours (if in the working week 36 hours);
3) 81.6 hours (if in the working week 24 hours).
