LawState and Law

Concept and duration of the working day

A working day is the time when an employee of an organization performs his or her immediate labor functions. In addition, the worker refers to the time when the employee does not perform official duties, but is subject to payment based on the norms of the labor law (simple in the work due to the fault of the employer, etc.).

Normal and shortened working hours

The normal working day is eight hours a day, forty hours a week. This value is the maximum across the entire territory of the Russian Federation. For certain categories of employees, the value of the normal work week is reduced:

  • Up to 24 hours - for adolescents under sixteen;
  • Up to 35 hours - for the disabled of the first and second groups;
  • Up to 36 hours - pedagogical workers, employees of harmful and / or dangerous productions.

The length of the working day can be reduced for certain categories of employees, for example, for doctors, as well as for those whose work is related to chemical weapons, materials containing HIV, etc. Also, the law establishes the need to reduce the duration of work by one hour in A pre-holiday day.

Reducing the hours of work for these categories of citizens is the norm, and therefore necessary for all enterprises. The payment is done without recalculation.

Part-time work

Sometimes a reduction in the number of hours worked is possible on the initiative of both the employee and the employer. Transfer for part-time work is allowed on request:

  • The pregnant woman;
  • An employee raising a child up to fourteen years of age or a disabled child;
  • Employees caring for a sick family member.

There are two options: a reduction in the working day with the continuation of the working week or a decrease in the working week with the preservation of the hours of daily work (when some day of the week is declared an additional weekend).

Incomplete employment for women raising children under the age of three years is possible with the maintenance of maternity leave and the corresponding allowance.

In addition, it is possible to establish an incomplete working time at the request of the employer, for example, when the conditions and organization of work change significantly at the enterprise. However, it should be remembered that the period for which an incomplete working day is introduced, in this case, can not exceed six months. Employees should be made aware of the introduction of the new regime in advance (two months) under the signature.

Since this regime is not the norm, wages will be paid based on hours worked or work performed. If the incomplete working day was introduced at the initiative of the employer, and the employee does not want to change over to the new regime (since he does not want to lose money), he must be fired for the reduction of staff with all reimbursement in this case.

Incomplete length of working time retains for the employee all the rights to receive leave (on a general basis), a sick-list, accrual of insurance period.

Working hours in the enterprise

The length of the work week, as well as the number of employees working in a reduced or incomplete week, fixes the so-called regime and work time records at the enterprise. By it is meant the order of distribution of labor time, prescribed in local acts. It also includes:

  • Daily duration of professional functions;
  • A clear indication of working hours and a lunch break;
  • Circle of employees with irregular day.

The formation of the working time regime at enterprises is handled by the labor department or, in its absence, personnel services.

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