Working hours for women and people with family responsibilities

01.08.2019

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Working time is the period during which a citizen is engaged in performing his duties. They are provided for in the employment contract, the individual provisions of which are devoted to internal regulations. Regardless of private or state ownership, enterprises are guaranteed freedom in terms of the terms of the agreement with employees and the organization of the daily routine. However, the rules must take into account working hours under the Labor Code. It is established by several articles and the duration cannot be longer. Actual discrepancies between legislative norms and the situation at the enterprise, when an employee’s rights to normal work and rest are violated, are grounds for appealing to supervisory authorities and the court. Management is obliged to immediately eliminate imbalances, bringing them to the standard established by law.

How working hours relate to burnout

Burnout is not a medical diagnosis, but a special type of stress. Often it is related to work. This is the Job burnout state: How to spot it and take action. Mayo Clinic. physical and emotional exhaustion, combined with a feeling of lack of time and a feeling of inner emptiness.

Professional burnout is included Burn-out an “occupational phenomenon”: International Classification of Diseases. World Health Organization. to the International Classification of Diseases of the World Health Organization. WHO recognizes Mental health in the workplace. World Health Organization. , that work is good for the psyche, but indicates that an unfavorable work environment can affect a person's physical and mental health. According to the organization, about 264 million people worldwide suffer from mental health in the workplace. World Health Organization. from depression and anxiety disorders, which cost the global economy one trillion US dollars.

The consequences of burnout at work can be Job burnout: How to spot it and take action. Mayo Clinic. be:

• excessive stress, fatigue, anger, irritability, cynicism;
• depression;
• insomnia;
• abuse of alcohol and psychotropic substances, as well as overeating;
• heart disease and high blood pressure;
• development of type 2 diabetes mellitus;
• weakening of the immune system.

Many people who experience burnout believe that it is not related to their work. At the same time, high workload and overtime work are just Job burnout: How to spot it and take action. Mayo Clinic. of the risk factors for developing this condition. Working hours are directly related to the classic Farber BA Crisis in education: stress and burnout in the American teacher. San Francisco: Jossey-Bass. 1991. type of burnout, when a person works more and more, trying to resolve professional issues or receive significant rewards. Moreover, such a state contributes to Aamodt MG Industrial/Organizational Psychology: An Applied Approach. Cengage Learning. 2015. deterioration in employee productivity, increased tardiness and absenteeism.

Baby feeding breaks

ILO Maternity Protection Convention No. 103 provides that if a woman is breastfeeding her child, she has the right to interrupt work for this purpose for one or more breaks per day, the duration of which is established by the legislation of the country.

Breaks from work for feeding a child are considered working hours and are paid as such in cases where this is regulated by or in accordance with legislation; in those cases where this issue is regulated by collective agreements, the situation is determined by the relevant agreement.

According to ILO Convention No. 183, Revision of the Maternity Protection Convention (Revised), 1952 (2000), a breastfeeding woman is entitled to one or more breaks per day or daily reduction of working hours in order to breastfeed her child. The period during which breaks or routine reductions in working time for breastfeeding are permitted, their number and duration, and the procedure for routine reductions in working hours are determined in accordance with national law and practice. These breaks or daily reductions in working time are counted as working time and are paid accordingly (Article 10).

In accordance with ILO Recommendation No. 191 of 15.06.2000 “On the revision of the 1952 recommendation on maternity protection”, upon presentation of a medical certificate or other relevant document provided for by national law and practice, the number and duration of breaks for breastfeeding should be established taking into account specific needs .

Where possible, and with the consent of the employer and the woman concerned, it should be possible to combine breaks allocated for daily breastfeeding in order to reduce working hours at the beginning or end of the working day.

To the extent possible, provision should be made for the provision of premises at or near the workplace for feeding an infant in appropriate sanitary and hygienic conditions (clauses 7-8).

In paragraph 3 of Art. Article 8 of the European Social Charter (Revised) states that the parties undertake to ensure that mothers who must care for their infant children have sufficient breaks from work to do so.

Based on Art. 258 of the Labor Code of the Russian Federation, working women with children under the age of one and a half years are provided, in addition to breaks for rest and food, with additional breaks for feeding the child (children) at least every three hours, lasting at least 30 minutes. every. If a working woman has two or more children under the age of one and a half years, the duration of the feeding break is set at least one hour.

At the request of the woman, breaks for feeding the child (children) are added to the break for rest and nutrition, or in aggregate form are transferred both to the beginning and to the end of the working day (work shift) with a corresponding reduction.

Breaks for feeding a child (children) are included in working hours and are subject to payment in the amount of average earnings.

According to Art. 264 of the Labor Code of the Russian Federation, a break for feeding a child should be provided to a father raising a child without a mother, as well as to a guardian.

If a woman who has a child under the age of one and a half years works part-time (part-time and/or part-time work week) or on a sliding (flexible) work schedule, she is also provided with breaks to feed the child. The main condition is that the duration of daily work exceeds three hours (Regulations on the procedure and conditions for the employment of women with children and working part-time, approved by Resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated April 29, 1980 N 111/8-51, hereinafter referred to as the Regulation on the procedure and conditions for the employment of women).

As judicial practice shows, often the reason for going to court is the refusal by the Social Insurance Fund of Russia to offset expenses made by the employing organization to pay child care benefits to an employee who carried out her official duties on a part-time basis.

When determining whether the working time was part-time, the FSS of Russia refers to clause 8 of the Regulations on the procedure and conditions for the employment of women, and interprets it in such a way that reducing the working week by 1 hour does not constitute part-time working time. In turn, employers are guided by Art. 13 of the Federal Law of May 19, 1995 N 81-FZ “On state benefits for citizens with children”, according to which the right to a monthly child care allowance is retained if a person on parental leave works on a part-time basis working hours or at home (see, for example, resolution of the Federal Antimonopoly Service of the Ural District dated December 10, 2008 N F09-9217/08-C2 in case N A71-2756/08).

It should be noted that the wording of clause 8 of the said Regulations on the procedure and conditions for the use of women’s labor regarding the lower limit of part-time working hours is largely advisory in nature, since it provides for an approximate (rather than an exact) number of working hours per week. In addition, it is indicated that depending on specific production conditions, a different working time may be established.

It is important to take into account that breaks for feeding a child cannot be attributed to the institution of rest time, since they are targeted, related to the woman’s performance of the function of motherhood and, naturally, should be classified as working time (which, in fact, follows from the meaning of Article 258 of the Labor Code RF).

In accordance with paragraph 5 of ILO Recommendation No. 95 “On Maternity Protection”, national legislation should establish that the working time of pregnant and breastfeeding women should be distributed in such a way as to provide them with sufficient breaks for rest.

However, special breaks for rest are not established by the Labor Code of the Russian Federation.

In this context, Art. 17 of Annex I to Directive of the Council of the European Communities of November 30, 1989 N 89/654/EC, according to which pregnant women and women who have recently given birth should be given the opportunity to lie down, for which appropriate conditions must be created.

In this regard, I believe it is advisable to consolidate in Ch. 41 of the Labor Code of the Russian Federation, the corresponding norm provides for special rest breaks for pregnant women and mothers with children under the age of one and a half years.

How long can you work legally?

According to the Labor Code of the Russian Federation, the duration of Art. 91 of the Labor Code of the Russian Federation, a normal working week should not exceed 40 hours. The Labor Code also establishes Art. 92 of the Labor Code of the Russian Federation additional restrictions on working hours for certain groups of people:

• for minors - 24 hours for teenagers under 16 years of age, 35 hours for workers aged 16–18 years;
• for disabled people of groups I and II - 35 hours;
• for those working under dangerous and harmful working conditions of the third or fourth degree - 36 hours.

At the request of the employee, the employer must Art. 93 of the Labor Code of the Russian Federation to provide a part-time working week with proportional wages:

• pregnant women;
• one of the parents (guardians) of a child under 14 years of age;
• family members caring for a sick relative.

In addition, the law establishes Art. 94 of the Labor Code of the Russian Federation, duration of the work shift:

• for minors - 4 hours at the age of 14–15 years, 5 hours from 15 to 16 and 7 hours from 16 to 18 years; for those combining work and study - 2 hours at the age of 14–16 years and 4 hours for 16–18 year olds;
• for disabled people - according to a medical report;
• for workers in hazardous and hazardous industries - 8 hours with a 36-hour work week and 6 with a 30-hour week (12 and 8 hours with a special agreement);
• for creative workers, media employees and cultural institutions - according to the agreement.

Before non-working holidays, the duration of the shift is reduced Art. 95 of the Labor Code of the Russian Federation for 1 hour, and if it is impossible to do this, the time worked is compensated later. With a six-day work week, the shift before the weekend should not exceed 5 hours.

Types of working time

Although the considered length of the working day looks like a standard one, nevertheless, for some categories of workers the duration of the working day is determined differently.

For example, workers in the education sector have a 36-hour work week. In this case, the working day will be less than 8 hours. In the medical field, the workweek lasts 39 hours. When working 5 days a week, work days of less than 8 hours will be used.

For those who work part-time, working hours last 4 hours. Labor legislation prohibits increasing it.

Why working longer won't help you get more done

Every person's productivity has a limit. Working longer will not always make you more efficient.

There have long been attempts to recognize the classic 40-hour workweek as ineffective. Back in 1930, the famous economist John Maynard Keynes suggested Keynes JM Economic Possibilities for our Grandchildren. New York. 1930. that in 2030 the working week will be only 15 hours, because economic and technological progress will make it possible.

In 2021, Savage M. experiment was conducted in nursing homes in Sweden. What really happened when Swedes tried six‑hour days? BBC. , introducing a six-hour working day, but maintaining employees' salaries. Beyond this time, they were replaced by additional hired workers. As a result, nurses became more productive and took fewer days off. Many of the employees involved in the experiment were upset by the news that it was over and that they would have to return to an eight-hour day.

However, this mode is not convenient for everyone: the head of the Swedish technology company Erik Gatenholm tried Savage M. What really happened when Swedes tried six‑hour days? BBC. introduce innovation into your production. Gatenholm was unhappy with the results: employees complained that they had a backlog of work.

In November 2021, Microsoft Japan published Microsoft four‑day work week 'boosts productivity'. BBC. results of an experiment with the introduction of a four-day working week. It turned out that thanks to this, productivity increased by 40%. It is not for nothing that it was the Japanese division of Microsoft that conducted this experiment: Japan is a country in which overwork is considered the norm and constitutes Japan is facing a 'death by overwork' problem - here's how companies are combatting it more than 80 hours per month per person.

A large study on the relationship between the number of working hours and productivity was published by Pencavel J. The Productivity of Working Hours. Discussion Paper. in 2014 by Stanford University economist John Pencavel. He compared workers from the early 20th century to those of today and concluded that task focus is much more important to an employee today than in the past, but it begins to deteriorate significantly after working 6 hours a day and 40 hours a week.

Graph of productivity depending on the length of the working day: solid line - during daylight hours, dotted line - during dark hours. Illustration: Pencavel J. The Productivity of Working Hours. Discussion Paper

Previously, another study Long Working Hours and Cognitive Function. The Whitehall II Study. American Journal of Epidemiology. Finnish doctors found a connection between working more than 55 hours a week and a decline in cognitive abilities.

Advantages and disadvantages of an 8-hour workday

Over the decades, the 8-hour workday has become accepted as standard. For example, when it comes to running a government office, the expectation is that the opening hours will be from 8 a.m. to 5 p.m. On the other hand, the question arises of how productive such a routine is.

It originated in the 19th century and was implied, and at the time it was progressive. The work of the workers was monotonous and did not require intellectual effort. Since then, a lot has changed, including the nature of the work of most employees of various companies and organizations.

Some people believe that an employee's peak productivity time is only a few hours, and that the rest of the workday will not be productive enough. However, those who work in accordance with such a routine have certain advantages:

1. Employees working according to such a schedule can organize a rhythmic and intense work process. During the day they manage to complete their work.
2. The salary is usually fixed. Employees go on vacation on time and take sick leave if necessary.
3. With a consistent schedule, you can expect to receive rest and meal breaks of a set duration.

How long working hours affect our health

In 2021, Australian doctors published a study, Hour-glass ceilings: Work-hour thresholds, gendered health inequities. Social Science & Medicine. , based on a survey of about 8,000 working people. Scientists have concluded that a workweek lasting more than 39 hours is harmful to mental and physical health. For women, who also do all the housework, they generally set the workweek standard at 34 hours. And the study Long working hours and risk of coronary heart disease and stroke: a systematic review and meta‑analysis of published and unpublished data for 603,838 individuals. The Lancet. , published in The Lancet, discovered the following pattern: people who work more than 55 hours a week are 33% more likely to suffer from a stroke and 13% more likely to suffer from coronary diseases.

Health effects may also be specific to working in certain environments. Let's look at them below.

When working at a computer

In Russia, the standards for working on a computer are prescribed in SanPiN Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 3, 2003 N 118 “On the implementation of sanitary and epidemiological rules and regulations SanPiN 2.2.2/2.4.1340-03” 2.2.2/2.4 .1340‑03 and “TOI Standard Instruction R‑45‑084‑01. Standard instructions on labor protection when working on a personal computer on labor protection when working on a personal computer."

According to them, it is recommended:

• spend no more than 6 hours a day at the computer;
• take 10–15 minute breaks every 45–60 minutes;
• stay at the computer continuously for no more than an hour (according to SanPiN standards) or 2 hours (according to the “Standard Instructions”).

Sitting at a computer for a long time is primarily harmful Shulyak A.S. Computer and health. Smolensk medical almanac. musculoskeletal system and vision. A prolonged immobile position leads to overstrain of the spine and its curvature, the development of osteochondrosis and radiculitis. Working at a computer for a long time causes the eye muscles to become unnecessarily tense, the amount of tear fluid decreases (dry eye syndrome), pain appears in the eyes, and vision deteriorates (computer vision syndrome). Your fingers, hands, wrists, and shoulders may also become sore from using the keyboard and mouse for long periods of time.

To avoid these negative effects, take frequent breaks and exercise during the workday, arrange your computer space correctly, and try not to sit in front of the monitor for longer than recommended.

When working while sitting

Long-term sitting is caused by Shulyak A.S. Computer and health. Smolensk medical almanac. to stagnation of blood, and this, in turn, leads to disruption of tissue function, damage to the walls of blood vessels and hemorrhoids.

When you sit for a long time, you use less energy. This increases What are the risks of sitting too much? Mayo Clinic. the risk of developing a whole bunch of ailments: obesity, hypertension (high blood pressure) and cardiovascular diseases, high blood sugar and cholesterol, even cancer. People who sit continuously for more than 8 hours a day have the same risks of premature death as those who are obese or smoke.

Physical activity for 60–75 minutes a day significantly reduces What are the risks of sitting too much? Mayo Clinic. the likelihood of negative consequences. It is also worth taking breaks every 30 minutes during sedentary work.

When working while standing

Standing work helps burn twice as much Energy expenditure of nonexercise activity. The American Journal of Clinical Nutrition. calories than sedentary. But at the same time, it can be no less harmful to health, since it significantly increases the load on the spine and feet.

Standing for long periods of time increases the risk of chronic venous insufficiency, varicose veins, lower back and foot pain, and complications during childbirth. The optimal time you can spend on your feet in a day is from 2 to 4 hours.

It is worth understanding that long-term means standing on your feet continuously for more than 8 hours without moving.

For prolonged standing work, you should not choose shoes with flat soles. Experts recommend Working On Your Feet. Occupational Health Clinics for Ontario Workers Inc. wear shoes so that the heel is raised at least 6 mm above the rest of the foot, while the heel should not be higher than 5 cm.

Also work shoes should If You Work on Your Feet. Healthline. be your size and support your arch. You can buy special orthopedic insoles.

The best prevention of violations is a combination of sitting and standing work. And after standing on your feet for a long time, do a warm-up: stretch on your toes, stretch the muscles of your feet. After a working day, it is advisable to massage your legs or lift them up for 15–20 minutes to restore normal blood flow.

If you feel pain in your legs and it does not go away within a few days, consult a doctor.

When working outdoors

Working outside and in unheated rooms is a special working environment, as it can cause general or local hypothermia. Both violate MR 2.2.7.2129‑06 Work and rest regimes for workers in cold weather in open areas or in unheated rooms. coordination and the ability to perform precise operations, causes inhibitory processes in the cerebral cortex, and contributes to the development of pathologies.

According to the Labor Code, the employer is obliged to Art. 22 of the Labor Code of the Russian Federation to ensure working conditions that do not harm the health of workers, in particular to provide Art. 109 of the Labor Code of the Russian Federation, paid breaks for heating and rest.

The duration of breaks must be specified in the employment contract. The temperature in the heating room should be about 21–25 °C. Standards for the duration and frequency of breaks are set out in recommendations MP 2.2.7.2129‑06 Work and rest schedules for workers in cold weather in open areas or in unheated rooms. Rostruda. According to them, already at a temperature of –10 °C, 10-minute breaks for heating should be taken every 2 hours.

For failure to comply with these requirements, the employer faces a fine Art. 5.27 of the Code of Administrative Offenses of the Russian Federation up to 5 thousand rubles for individuals and up to 50 thousand for legal entities.

When working at night

Night work can Price M. The risks of night work. Monitor on Psychology. American Psychological Association. cause anxiety, drowsiness, fatigue, inattention and metabolic disorders in the body. It disrupts circadian rhythms - the body's internal biological clock, which is responsible for the body's transition into a state of sleep and wakefulness.

Evolutionarily, it so happens that our body is adapted to rest in the dark. Therefore, even a long sleep after a night shift will not help compensate for its lack. Moreover, disruption of circadian rhythms leads to Mistimed sleep disruptions circadian regulation of the human transcriptome. Proceedings of the National Academy of the United States of America. to the fact that about 6% of DNA chromosomes work incorrectly, that is, at the wrong time. At the same time, long work shifts (24 hours, for example) cause no less harm. And fatigue, in turn, increases the risk of developing cardiac Shift work and vascular events: systematic review and meta‑analysis. The British Medical Journal. diseases and cancer Hansen J., Lassen CH Nested case‑control study of night shift work and breast cancer risk among women in the Danish military. Occup Environ Med. , the emergence of addiction to cigarettes and alcohol.

Circadian rhythms are quite complex Price M. The risks of night work. Monitor on Psychology. American Psychological Association. shift so that the body adapts to night wakefulness. To do this, you will have to work in bright light at night, wear dark glasses during the day and sleep in a room into which no light penetrates at all. Most people won't be able to do this. To avoid the negative consequences of working at night, it is much more effective to drive Hammond C. Is working at night bad for you? BBC. healthy lifestyle: include exercise in your daily routine, eat right and give up bad habits.

According to the law Art. 96 of the Labor Code of the Russian Federation, when working at night (from 10 p.m. to 6 a.m.), the working day is reduced by an hour, and this is equivalent to one shift during the day. Pregnant women and minors are not allowed to work at night. Women with a child under three years of age, disabled people and parents of disabled children, as well as workers caring for sick relatives are allowed to work at night based on a doctor’s opinion. Single parents and guardians of children under five years of age are allowed to work in the dark only with their written consent and in the absence of medical contraindications.

Remember that work is not the only thing that is important in life. A balance of work, rest and personal time will help you enjoy every day and get sick less.

Night work

Based on the need to protect women's health, ILO Convention No. 89 “Concerning Women's Night Work in Industry” (revised in 1948) provides standards and proposals to limit women's night work.

In accordance with this international legal act, women, regardless of age, are not involved in night work, with the exception of family enterprises and cases of force majeure (force majeure) or the threat of loss of perishable materials in the process of processing.

ILO Convention No. 89 does not apply to women holding responsible positions of an administrative nature, as well as those working in the health and social care system, who are not usually engaged in manual work. The prohibition of night work for women may be temporarily lifted by the government if national interests so require in the event of emergency.

In this context, it is important to pay attention to ILO Night Work Convention No. 171 (1990) and ILO Recommendation No. 178 Night Work (1990). In contrast to ILO Convention No. 89, night shift is defined as work of at least seven consecutive hours, including the period between midnight and 5 a.m.

According to Art. 7 of Convention No. 171, measures must be taken to ensure the availability of alternative work to night work for women workers who would otherwise be forced to perform night work:

A) before and after the birth of the child for a period of at least 16 weeks, of which at least 8 weeks must precede the expected date of birth of the child;

B) during additional periods for which a medical certificate is issued certifying that it is necessary for the health of the mother or child:

B) during pregnancy;

D) for a certain time beyond the period after the birth of the child, established in accordance with the specified subparagraph. "a", the duration of which shall be determined by the competent authority after consultation with the most representative employers' and workers' organizations.

Recommendation No. 178 provides that, at any time during pregnancy, as soon as this becomes known, women workers engaged in night work shall, at their request, be assigned to day work if practicable.

In cases of shift work, when deciding on the composition of night shifts, the special circumstances of workers with family responsibilities should be taken into account (clauses 19-20).

According to paragraph 4 of Art. 8 of the European Social Charter (1996) the parties undertake to regulate the night work of pregnant women, women who have recently given birth and women caring for their infants.

It should be noted that the Labor Code of the RSFSR of 1922 limited night work for all women, allowing it as a temporary measure if it was caused by a special need. The Labor Code of the RSFSR of 1971 provided for a similar rule (Article 161).

Unfortunately, there is no such provision in the Labor Code of the Russian Federation, which does not seem entirely correct.

In contrast to the norms of international labor law, Art. 259 of the Labor Code of the Russian Federation does not establish an emphasis on regulating work at night, but provides guarantees for pregnant women and persons with family responsibilities when sent on business trips, involved in overtime work, night work, weekends and non-working holidays.

Thus, it is prohibited to send pregnant women on business trips, to engage pregnant women in overtime work, night work, weekends and non-working holidays (Part 1 of Article 259 of the Labor Code of the Russian Federation).

Sending on business trips, engaging overtime work, night work, weekends and non-working holidays of women with children under 3 years of age is allowed only with their written consent and provided that this is not prohibited to them in accordance with a medical certificate , issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

At the same time, women with children under 3 years of age must be informed in writing of their right to refuse to be sent on a business trip, to be involved in overtime work, to work at night, on weekends and non-working holidays (Part 2 of Article 259 Labor Code of the Russian Federation).

Guarantees provided for in Part 2 of Art. 259 of the Labor Code of the Russian Federation, are also provided to mothers and fathers raising children under 5 years of age without a spouse, employees with disabled children, and employees caring for sick members of their families in accordance with a medical report (Part 3 of Art. 259 Labor Code of the Russian Federation).

Obviously, Art. 259 of the Labor Code of the Russian Federation in accordance with international labor standards.

A typical violation of the norms of the Labor Code of the Russian Federation is the involvement of women with children under the age of 3 years, and workers with disabled children from childhood, until they reach the age of 18, to work overtime, work at night, weekends and non-working holidays without written notice. consent and medical advice.

In Art. 96 of the Labor Code of the Russian Federation indicates another category of workers - guardians of children under 5 years of age, who can be involved in work at night under the conditions mentioned earlier.