home Drugs Changes to the labor code: part-time work, lunch break, work on weekends. How many hours per week can you work according to the labor code?

Changes to the labor code: part-time work, lunch break, work on weekends. How many hours per week can you work according to the labor code?

On June 29, 2017, the new edition of the Labor Code of the Russian Federation comes into force. Legislators clarified the concept of part-time work, work and rest hours, and also established a new procedure for payment for work on weekends and holidays.

The new edition of the Labor Code of the Russian Federation came into force on June 29, 2017. Amendments were made to the document Federal Law of June 18, 2017 No. 125-FZ, which determined new working and rest conditions, as well as features of payment for weekends and holidays. In addition, legislators clarified the concept of part-time work.

Part-time work

The edition has changed Article 93 of the Labor Code of the Russian Federation, which regulates part-time work. In fact, legislators have established new and more precise rules regarding this concept:

part-time or shift work;
part-time working week, including with the division of the working day into parts.

In this case, part-time working time is established for a period convenient for the employee, but not more than for the period of existence of the circumstances that were the basis for the mandatory establishment of part-time working time, and the regime of working time and rest time, including the duration of daily work (shift), start and end times work, the time of breaks from work is established in accordance with the wishes of the employee, taking into account the production (work) conditions of the given employer.

The employer and the employee himself may or may not limit this period. In this case, it is necessary to take into account all the circumstances that give employees such benefits. Amendments have also been made to the document, which regulates irregular working hours. In accordance with its new edition, an employee working on a part-time basis can have an irregular working day only if the agreement of the parties to the employment contract establishes a part-time working week, but with a full working day (shift).

Special conditions under the new rules are established for a period convenient for the employee. However, it cannot last longer than the period of special circumstances. For example, pregnancy, illness of relatives or minors of children.

Payment for work on weekends and holidays

According to the new rules defined Article 152 of the Labor Code of the Russian Federation Increased pay for additional overtime work on weekends is no longer provided. The following paragraph has been added to the article:

Work performed in excess of normal working hours on weekends and non-working holidays and paid at an increased rate or compensated by providing another day of rest in accordance with Article 153 of the Labor Code of the Russian Federation, is not taken into account when determining the duration of overtime work subject to increased payment in accordance with part one of this article.

However, the rule regarding payment for actually worked weekends or non-working holidays remains at least double the normal rate. But for overtime work according to the rules:

for the first two hours - no less than one and a half times the size;
for the following hours - no less than double the amount.

On such days you no longer need to pay. Instead, the employee can take a day off on any other working day convenient for him.

Lunch break

Norms Article 108 of the Labor Code of the Russian Federation in the new edition, they allow workers who work up to four hours a day, inclusive, to refuse a lunch break. Such a condition must be recorded in the internal labor regulations of the organization or in the employment contract with the employee. All other employees, as before, must have at least 30 minutes a day for rest and nutrition.

recommended for use at any enterprise when planning the distribution of man-hours. In our article we will tell you what it is and what this norm is in 2017.

How is the annual rate determined?

First of all, it is necessary to define the norm itself. The standard working time is the total number of hours that an employee is required to work during a certain period of time (year, quarter, month, week).

Standard working hours for 2017 is calculated in accordance with the procedure established by order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 No. 588n (hereinafter referred to as the Procedure). According to this regulatory act, the length of the week (the norm is 40 hours, but sometimes it can be less) must be divided by 5 and multiplied by the number of working days per year (for a 5-day working week). Then, from the resulting figure, it is necessary to subtract the hours by which working days were reduced before non-working holidays during the year (for example, before May 9, March 8, etc., working days are reduced by 1 hour).

Norms for the year are calculated before the end of the previous calendar year, taking into account the requirements of the Labor Code of the Russian Federation and the annually adopted resolutions of the Government of the Russian Federation regarding the transfer of holidays falling on Sunday or Saturday, work on which is not allowed. At the same time, the decision, according to Art. 112 of the Labor Code of the Russian Federation must be adopted and put into effect no later than a month before the end of the calendar year.

For 2017, Resolution No. 756 dated August 4, 2016 is in effect. It established that the following rest days are postponed:

January 1 - February 24;
January 7 - May 8.

About the number of working hours in 2017

Counting standard working hours for 2017, the following rules must be taken into account:

Sunday is a day off regardless of whether employees are working five or six days a week. It is only allowed to postpone the day off for certain categories of workers to another day if the enterprise for any reason cannot suspend its work for the weekend and someone is forced to work on Sunday or Saturday (Article 111 of the Labor Code of the Russian Federation).
There is a list of holidays during which work is not performed (established by Article 112 of the Labor Code of the Russian Federation). This includes the New Year holidays from January 1 to January 8 (excluding January 7, since this is also a holiday when work is not done - Christmas), Victory Day (May 9), etc.
If a holiday falls on a weekend, the day of rest is postponed. This rule always applies, with the exception of the period from January 1 to January 8, that is, the New Year holidays and Christmas. Transfers on these days do not automatically apply and are separately approved by the Government of the Russian Federation every year in accordance with Part 5 of Art. 112 Labor Code of the Russian Federation.
The duration of work on the day before the holiday is reduced by 1 hour (Part 1 of Article 95 of the Labor Code of the Russian Federation).

Based on these requirements of the code and taking into account the Procedure, the norm for the year is calculated. Specifically general standard working hours for 2017 is:

for a week of 40 hours - 1973 working hours;
for a week of 36 hours - 1775.4 hours;
for a week of 24 hours - 1182.6 hours.

Average monthly working hours in 2017

The total number of hours tells little about how work is progressing month by month. That is why, for complete accounting, it is necessary to know how many hours of work there are per month. It is important to take into account both the number of days in a month - from 31 in some months of the year to 28 in February (2017 is a non-leap year), and the number of holidays and weekends falling in a particular month. This quantity can vary greatly. In particular, in January there are 8 additional non-working days - in 2017 this will lead to the fact that those working on a five-day week will have 10 days off (January 9 and 10 fall on Saturday and Sunday). At the same time, in April or October there will be no non-working holidays at all.

Accordingly, to plan working time, a value such as the number of working hours on average per month can be used. To do this, you can use the data already given above on the total annual labor time in hours.

To find out the average number per month, you need to divide this amount by 12 (the number of calendar months in a year). As a result we get the following:

for a 40-hour week - 164.42 hours;
for a week of 36 hours - 148.03 hours;
for a week of 24 hours - 98.55 hours.

Other time standards for 2017 in Russia

Also, the work of the accounting department or human resources department at the enterprise may require other working time standards for 2017. Here are the basic data for a 40 hour week:

total days when work is carried out - 247;
weekends and holidays - 118;
shortened days - 3.

Wherein:

in the first quarter - 57 working days, 520 hours;
in the second quarter - 61 days, 488 hours;
in the third quarter - 65 days, 520 hours;
in the fourth quarter - 64 days, 511 hours.

The data presented apply to Russia as a whole, but it must be remembered that local non-working holidays are also allowed in the regions. In particular, Art. 4 Federal Law “On Freedom of Conscience and Religious Associations” dated September 26, 1997 No. 125-FZ allows local authorities in the regions to do this at the request of religious organizations. Additionally Art. 6 of the Labor Code of the Russian Federation and paragraph 8 of the letter of the Ministry of Labor of the Russian Federation dated June 10, 2003 No. 1139-21 allow local authorities to introduce days off for other reasons. The only limitation here is that all associated revenue losses or increased budget expenses must be compensated by the region in which such a decision was made.

In addition, when calculating the standard hours, one must not forget that it also depends on the category of the employee. In some cases, the duration of work - either for a week or for a day or shift - must be reduced, even if for all other employees of the same organization the usual procedure applies (i.e. 5 days, each of which contains 8 working hours, totaling - 40). In particular, Art. 92 of the Labor Code of the Russian Federation indicates that for workers with disabilities of the first 2 groups, a week cannot be more than 35 hours, and for those employed in hazardous work of the 3rd or 4th degree - no more than 36 hours. Also Art. 94 indicates that minor employees should not work more than is established by law (7 hours a day, if they have not yet turned 16 years old - 5). All this must be taken into account when calculating the norm for the enterprise and its further application.

Production calendar for planning and recording working hours for 2017

Quite often, all information regarding working hours, holidays and weekend transfers is presented in the form of a production calendar. Unlike the Labor Code of the Russian Federation or the Procedure mentioned above, such a calendar does not have the force of a normative act and is not officially approved, but it is very convenient to use, so it is often used in practice. In particular, it can be used by accounting departments (for example, to calculate paid sick leave days) or human resources departments (for example, to plan and schedule vacations).

The production calendar for the next year can either be downloaded from our website or compiled yourself. To compile it yourself, it is enough to take a regular calendar indicating the numbers, months and days of the week and mark it in accordance with the laws and the procedure for transferring holidays established by the Government of the Russian Federation. If desired, you can even specify the duration in working hours of each day of the year in the calendar.

Establishing state guarantees in the field of labor, creating favorable conditions for work, protecting the rights and interests of workers and employers are the main goals of labor legislation (Article 1 of the Labor Code of the Russian Federation). These questions are relevant for the vast majority of organizations and for many individual entrepreneurs. Let us recall that one of the fundamental documents regulating labor relations is the Labor Code of the Russian Federation (Article 5 of the Labor Code of the Russian Federation). We will talk about some of the main changes to the Labor Code in 2017 in our material.

Relief for micro-enterprises

From 01/01/2017, the Labor Code was supplemented with a new chapter 48.1 (Federal Law dated 07/03/2016 No. 348-FZ). It establishes some specifics for employers who are .

Thus, a microenterprise has the right to refuse, in whole or in part, the adoption of local labor regulations. We are talking, for example, about internal labor regulations, regulations on wages or bonuses, shift schedules, etc. However, this does not mean that such issues in a microenterprise will remain unresolved. Those conditions that should have been provided for by local regulations, if a microenterprise refuses to develop such acts, must be included directly in employment contracts with employees. To do this, the standard form of the employment contract approved by Government Decree No. 858 of August 27, 2016 should be used as the basis.

New mandatory document when concluding an employment contract

From 01/01/2017, the amendment to Art. adopted back in 2015 came into force. 65 of the Labor Code of the Russian Federation, concerning the list of documents presented when applying for a job. Let us remind you that persons subject to administrative punishment for the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances are not allowed to perform certain types of work until the end of such punishment (Clause 1, Article 10 of the Federal Law of July 13, 2015 No. 230 -FZ). These types of work include, for example:

work directly related to ensuring transport security (clause 9, part 1, article 10 of the Federal Law of 02/09/2007 No. 16-FZ);
work directly related to the movement of trains and shunting work (clause 3 of article 25 of the Federal Law of January 10, 2003 No. 17-FZ);
work as a private security guard (clause 13 of article 11.1 of the Law of March 11, 1992 No. 2487-1).

Now, when applying for such types of work, it is necessary to present a certificate (Appendix No. 4 to the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of October 24, 2016 No. 665) indicating whether or not the person is subject to administrative punishment for such acts.

Amendments to the Labor Code: June 2017

The latest changes to the Labor Code at the time of preparation of the consultation were in June 2017. Vladimir Putin signed amendments to the Labor Code on June 18, 2017. These new amendments to the Labor Code of 2017 come into force 10 calendar days after the day of official publication (Article 6 of Federal Law No. 5-FZ of June 14, 1994). On the official Internet portal of legal information http://www.pravo.gov.ru, the latest changes to the Labor Code of the Russian Federation 2017 were published on June 18, 2017. This means that amendments to the Labor Code 2017 do not come into force on June 19 (the next day ), and after 10 days, i.e. 06/29/2017. After all, for changes to the Labor Code to come into force on June 19, 2017, they would have to be published on June 8, 2017.

Amendments to the Labor Code 2017 on wages

Amendments to Art. 152 of the Labor Code of the Russian Federation clarifies the procedure for paying overtime work. Let us remind you that, as a general rule, overtime work is paid for the first two hours at least one and a half times the rate, for subsequent hours - at least double the rate or is compensated by providing equivalent rest time. The latest amendments to the Labor Code of the Russian Federation establish that overtime work on weekends and non-working holidays, paid at an increased rate or compensated by rest in accordance with Art. 153 of the Labor Code of the Russian Federation, when determining the time of “regular” overtime work is not taken into account.

Additionally, the specifics of remuneration on a weekend or non-working holiday have been clarified. Article 153 of the Labor Code of the Russian Federation establishes that all employees are paid at an increased rate for hours actually worked on a day off or a non-working holiday (from 00.00 to 24.00), even if such days account for only part of the working day (shift).

Often employees are forced to stay late at work, and they are not even promised to pay for the overtime spent. Employers are accustomed to the fact that unemployment forces workers to remain silent. If they express dissatisfaction, they are told that the work has not been done and that it is their fault.

However, in the Labor Code such situations have specific designations, and almost all controversial issues can be resolved within the legal framework. To do this, each conflicting party should use the assistance of a competent labor dispute lawyer in order to legally confirm that they are right.

Many changes were made to the Labor Code of the Russian Federation after the entry into force of Law No. 125-FZ of June 18, 2017. The most significant changes were made to the items relating to the following aspects: firstly, part-time work; secondly, the regime of irregular working hours; thirdly, payment for time worked in the specified modes; fourthly, additional payments for overtime work; fifthly, the rules of payment for work on holidays (weekends).

From June 29, 2017, wages are calculated according to the new rules. It is necessary for the management of the enterprise, the accountant, and the ordinary employee who has to perform work in a non-standard mode to understand these innovations.

The normal working week now has a duration of 48 hours (previously it was 40 hours, this issue still remains unresolved), this provision is indicated in Art. 91 Labor Code of the Russian Federation. Moreover, the distribution of working time over a weekly period may not be in the same manner, but the designated limit should not be exceeded. The most common option is a five-day week with two days off at the end of the week.

The law also officially allows the use of part-time work. A person is only part-time employed during:

– day (shift) when he goes to work;
– working week.

Legislators have provided various options for regulating this issue in Art. 93 Labor Code of the Russian Federation.

What is meant by part-time employment?

Employers are given the right to establish a part-time week and part-time day in companies for performing work at the same time. Until June 29, 2017, it was prohibited to establish such part-time options. Previously, it was possible to shorten either days or weeks.

For example, now a schedule can be set for an employee as follows: 4 hours on Monday and Friday, and work at full capacity on the remaining days. There may be any other similar options.

Nowadays, part-time work can even be split into parts. For example, a person works for 4 hours, but not in a row. He performs duties for 3 hours in the morning and 1 hour in the evening. Any other option is selected if required.

Will the wishes of hired employees be taken into account?

For an employee to be transferred to a part-time position, two conditions are sufficient:

– wishes of the employee;
– consent of the employer.

The employer is obliged to establish a part-time working regime only in cases where such a wish is expressed by:

– one of the parents (other responsible person) of a disabled child who has not reached the age of majority;
– one of the parents (other responsible person) of a child under 14 years of age (at a young age);
– pregnant employee;
– a working citizen forced to care for another family member whose illness and need for supervision is confirmed by a medical certificate.

An employee has the right to express a wish that time be determined for him personally to work in a mode that is beneficial to him. In this case, production conditions are taken into account. If establishing such a working mode is impossible, then the employee will have to look for more suitable conditions elsewhere.

Let's say a pregnant woman wanted to come to work 4 hours later than usual, and also finish work 2 hours later. But she performs her duties behind the assembly line, and production operates in one shift. The employer will reject such wishes quite legally. But if a woman wants to work only half a shift, and at a time convenient for her, such a request cannot be rejected.

An employee may express a wish regarding the transfer:

– start of the shift;
- lunch break.

Such issues, if they do not interfere with the overall work process, are usually resolved positively.

In what cases is long working hours considered illegal?

The specifics of some professions require performers of assigned tasks to sometimes stay late at work (Article 101 of the Labor Code of the Russian Federation). The employer issues an order in this regard, and then the employee works until the implementation of the intended program is completed, that is, an irregular period.

An irregular day for performing work is established if the employee cannot complete the assigned task within the time stipulated in the employment contract.

For example, the supplier does not always have the opportunity to perform his functions within a strictly limited time. Sometimes he has to meet with counterparties in the evening (although he has already arrived at the company’s office in the morning), and sometimes it becomes necessary to negotiate on the weekend.

An employment lawyer often has to explain to clients why an employer has the right to set irregular hours for part-time employees.

The Directorate introduces a regime of irregular working hours, as a result of which a person, if necessary, continues to work outside the established working hours. If an employee works part-time, he will still have to perform his duties, which he did not have the opportunity to perform during the allotted period.

Now Article 101 of the Labor Code of the Russian Federation has been supplemented with an improved norm that allows the employer to legally establish an irregular working period even for people working part-time. However, this innovation comes with caveats regarding compliance with certain conditions.

1. In the employment contract, both parties express their consent to the establishment of a part-time work week.

2. A citizen works in the following mode:

– or a full work shift;
– or full time.

3. The above conditions must be present simultaneously.

In other words, if a worker performs work part-time and part-time (day) at the same time, then establishing an irregular day is considered illegal.

If legislators allowed the establishment of irregular hours in the half-day and half-week regimes, then employers would seek to exploit workers to the fullest extent. They would only pay for working half a shift, and force employees to complete the amount of work planned for a full day.

So the prohibition on establishing at the same time both a part-time day for the performance of duties and irregular hours can be considered appropriate. In some situations, an employment contract drawn up taking into account the old rules may now be considered to violate the Labor Code of the Russian Federation.

If the simultaneous presence of two designated conditions is discovered in the previous document, if the contract was drawn up according to the old rules, it will need to be urgently amended.

Who will be left without lunch?

Issues related to the appointment of breaks for meals and rest are regulated by Article 108 of the Labor Code of the Russian Federation. The right to a lunch break and the time allotted for it are indicated:

– in the employment contract;
– in additional labor agreements;
– in the internal regulations;
– in other local acts.

However, it is not allowed for the lunch break to be less than 30 minutes and exceed 2 hours.

If a person works no more than 4 hours a day, then he may be deprived of the right to a lunch break. The new law allows an employer to employ an employee without interruption. The hired employee may also be interested in not wasting time on a lunch break. After all, he can calmly have lunch after finishing a short shift, that is, already at home.

Previously, such a break was mandatory for all employees, regardless of what working hours they worked under. Now the adjusted rules (corresponding to the provisions of the Labor Code of the Russian Federation) must be enshrined in an employment contract or outlined in local acts.

Will there be less confusion when calculating overtime pay?

A Russian employer receives the right to involve a worker in overtime work. That is, after the end of the working time allotted for the performance of duties, an employee can be involved in the purpose of performing so-called emergency work.

1. Legislators decided to recognize overtime work as employment in excess of the initially planned number of working hours (here we mean accounting for the accumulated hours for the accounting period).

2. Article 152 was introduced into the Labor Code of the Russian Federation regarding payment of overtime work. This work is paid:

– one and a half times higher in the first 2 hours;
– in double amount (not less) – for the following hours.

3. In Art. 152 of the Labor Code of the Russian Federation, a new paragraph has appeared indicating the impossibility of attracting hired workers to work beyond the initially established norm on weekends.

4. According to Art. 153 of the Labor Code of the Russian Federation, an employee who works on weekly days off (the contract may indicate a different calculation of days off, not weekly) or on holidays (meaning non-working days) is assigned double pay or even higher.

It turns out that according to the new law, overtime on weekdays should be paid at a decent rate. Legislators are convinced that such an innovation will encourage individual managers to use workers’ labor more fruitfully and in an organized manner during scheduled working hours.

5. Additional amendments made to Art. 153 of the Labor Code of the Russian Federation concern the rules for issuing monetary remuneration for work to an employee who goes to work on weekends (holidays). In a situation where an employee works only part of the established shift (working day), only the time actually worked is paid above the norm. The period from 0 to 24 hours is taken into account, regarding work on a day off.

Now, after the introduction of new rules from June 29, 2017, hours that were worked after the required working time on a holiday (on a generally accepted day off) are no longer considered overtime, paid according to special rules, if a shift is assigned on this day continuous production. The employer pays at double the rate only the time worked by the worker in excess of the norm on his day off.

If on a holiday an employee was supposed to work 8 hours, but in reality he worked 10 hours, then he will only be paid double for the last 2 hours. But the employer is not obliged to index wages, increasing this amount by another one and a half times (as for overtime work). Previously, the Supreme Court of the Russian Federation had already come to this conclusion, as a result of which it issued decision No. GKPI05-1341 on November 30, 2015.

Conclusion

A highly qualified labor lawyer will help both the employer and his employees resolve disputes related to the establishment of a part-time working schedule, as well as with payment for overtime work. After all, legislators have not fully resolved some issues, so an experienced lawyer has to take into account judicial precedents.

Even an initial consultation sometimes helps to easily resolve a conflict situation at the negotiating table. But if necessary, you will have to go to court. The party that engages a competent lawyer will win a labor dispute.

Working time is the time during which the employee must perform his job duties (it is determined in accordance with the internal labor regulations - PVTR, as well as the terms of the employment contract) and other periods that, according to the legislation of the Russian Federation, relate to working time (Article 91 Labor Code of the Russian Federation). Such periods are, for example, special breaks for heating and rest provided to employees who work in the cold season in the open air or in closed unheated rooms (Article 109 of the Labor Code of the Russian Federation), breaks for feeding a child provided to working women who have there are children under the age of 1.5 years (Article 258 of the Labor Code of the Russian Federation), etc. In addition, periods included in working hours may be provided for by a collective agreement.

Types of working time

Depending on the duration of working hours, there are:

normal working hours (Article 91 of the Labor Code of the Russian Federation);
reduced working hours (Article 92 of the Labor Code of the Russian Federation);
part-time work (Article 93 of the Labor Code of the Russian Federation).

Normal working hours cannot be more than 40 hours a week (Article 91 of the Labor Code of the Russian Federation). The specified maximum working time cannot be increased either at the initiative of the employer, or at the initiative of the employee, or by agreement between them. However, the Labor Code of the Russian Federation contains a number of exceptions when it is possible to attract employees to work outside the established working hours. For example, for overtime work, or if the employee works in an organization on irregular working hours (Articles 97, 101 of the Labor Code of the Russian Federation).

Thus, with a 40-hour five-day work week, the length of the working day according to the Labor Code - 2017 is 8 hours a day.

“Reduced” and part-time working hours

For certain categories of workers, reduced working hours are established (Article 92 of the Labor Code of the Russian Federation). For example, the working hours of teaching staff is no more than 36 hours per week (Article 333 of the Labor Code of the Russian Federation). By the way, due to the specific nature of the work activity of teaching staff, they are set the duration of working hours per week, as well as the teaching (educational) load in hours per week or per academic year (