What is working time
The basic state law establishes the right of citizens to work, as well as the specifics of working hours and rest. At the same time, this right involves limiting the time that applies to a worker, as well as allowing workers to use weekends and holidays for rest.
The definition of “working hours” is reflected in Art. 91 of the Labor Code, it means the period of time during which the employee has the authority to perform labor duties determined by the internal labor regulations and the employment contract that forms the basis of the legal relationship that has arisen. Such time may also include other time periods that are established as such by legislative norms.
Other working periods may include the time employees are idle, the time of a paid break provided during work, the period of business trips, rest periods between shifts, etc.
Legislative regulation of working time aims to achieve:
- productive use of the time period for carrying out work;
- protecting the health and performance of workers hired under employment contracts;
- increasing the professionalism of performers engaged in joint hired labor.
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The employer is obliged to notify the employee in writing of the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, in writing no later than two months, unless otherwise provided by this Code.
An agreement to change the terms of an employment contract determined by the parties is concluded in writing. Article 74. Changes in the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological working conditions
Mode elements
Working hours refer to the period of time during which an employed employee has an obligation to perform the functions assigned to him by the employer. The legal standard for such a time period must be understood as the standard work time established by the legislator.
The provisions of the Labor Code establish as time standards in which employees can be busy performing the functions assigned to them: working week, shift (day), accounting period.
A working week is understood as a period of working time falling within a calendar week. Legislative norms limited this time period to 40 hours. This standard applies to the work week, regardless of whether it is 5 or 6 days. This standard of hours falls under the definition of a normal working week, which, as a rule, contains 2 days off.
A shortened or incomplete week can be established by agreement of the parties and represents a part-time working regime.
The establishment of six-day work is preceded by a necessity determined by the conditions of production or performance of work. This standard is typical for educational, medical or social institutions. A distinctive feature of the “six-day week” is the reduction of the working day preceding a weekend or holiday to 5 hours.
The presence of shift work conditions implies the establishment of work shifts, that is, such work intervals during which some workers performing the functions necessary for a single technological process are replaced by others. In this case, we can talk about day and night shifts. Shift work is typical for those types of production that are considered continuous.
It is necessary to change the working hours if there are shifts, within the framework of current legal norms, on the eve of a non-working day, holiday and day off, as well as when performing work on the night shift.
Types of working hours
The provisions of the Labor Code define the types of working time used:
- usual - depending on the system by which work time is recorded. Most often it is reflected in a 5 or 6-day work week.
- Irregular – established for certain categories of workers, by order of the manager. This type cannot be installed on a permanent basis.
- Flexible - allowed in individual teams and departments, on the basis of self-regulation. The flexible working time regime should not contradict the legislative principles on the total number of hours worked. Flexible working hours may be temporary.
- Shift work is a working time regime in which employees can work in several shifts and in an equal number of hours.
- Shift work is a regime and recording of working hours of a special type, which is typical for performing work outside the place of primary residence, which means it is impossible to return to the place of residence every day.
- Divisible – characteristic of work with different types of intensity.
Part-time working hours can be established at the request of the employee. Pregnant women, parents of children (under 14 years of age) and persons caring for sick relatives can petition management and ask for a part-time working schedule.
The introduction of a part-time working regime falls within the competence of the company’s management, which is formalized by order. An order to change working hours, based on an exclusive decision of management, may have signs of a change in significant working conditions.
Application for approval of operating hours
Application for approval of operating hours (for retail trade, application form for inclusion of information in the Trade Register.
STATEMENT on approval of the operating hours of a retail facility, public catering facility, shopping center, market, trade entity.
Sample application for admission. Submitting documents by mail. When submitting documents through post offices, you must fill out forms.
Duration of daily work (shift) for certain categories of workers
The legislator has determined the maximum amount of time that certain categories of employed people can spend at work.
Young people aged 15 to 16 years and from 16 to 18 years old cannot have a work shift of more than 5 and 7 hours, respectively. Teenagers who are students, as well as those whose age is between 14 and 16 years old - no more than 2.5 hours, and students whose age is 16-18 years old - no more than 4 hours. The duration of the shift for disabled people is determined by a medical report.
The harmfulness or danger of work is a reason to reduce working hours to 8 hours per shift, with 36 working hours per week, and to 6 hours per shift, with 30 working hours per week.
Certain features also exist regarding the work of creative teams. Such persons carry out their work under the conditions established by local acts, collective and labor agreements.
How to write an application to change the work schedule? Sample and filling rules
If the employee does not agree to the new working conditions, the employer undertakes to offer him all available vacancies at the enterprise that correspond to his qualifications. Vacancies must be offered in writing only and must all be located in the local area.
According to the Labor Code of the Russian Federation, the employer is obliged to notify employees of changes in the work schedule at least 2 months in advance. You can issue a collective notification and familiarize employees with it against signature, or send out personal notifications to each employee indicating their new schedule. If someone refuses to sign the notification, a report is drawn up about this.
Regulation of working hours
Carrying out actions entailing a change in working hours falls within the competence of the management of the legal entity. As a rule, such changes are based on local or national legal acts.
Working hours, as well as part-time working hours, are established at each specific enterprise, depending on the specifics of its work.
The approval of the features of the working time regime is within the competence of the governed by and is a change in essential working conditions, in the event that before the change in the working time regime occurred, there was a different regime.
Part-time working hours are established for individual categories, based on their application. It is possible to establish a part-time working regime for the entire workforce only in accordance with the procedure for making changes related to essential working conditions.
Cancellation of the part-time working regime may be established by an order establishing it, and in relation to certain categories of workers, by a separate order based on their application.
How to draw up an additional agreement to an employment contract
Both the company and the employee himself can initiate changes to the employment contract - verbally or in writing. As a rule, statements are written in writing - indicating the change being made, the reasons (justification), the nature of the change and the expected time frame. For example, an employee may declare the need to make changes to the work schedule established for him. If you submit an application, it is advisable to register it and assign the number of the incoming document.
After negotiations and agreement on the terms to be introduced, an additional agreement to the employment contract is prepared. If the employer did not agree on the condition and the employee submitted a written application, it is recommended that the response also be recorded in writing. This may be a resolution on the application or a separate response letter. The period for making changes to the contract is not limited - this is possible throughout the entire term of the employment contract.
When an additional agreement to an employment contract is concluded, it becomes an integral part of the employment contract that has changed. Changing the terms of this document will be possible in the same manner - by signing a new additional agreement.
Internal labor regulations
These rules relate to local acts adopted and approved at each individual enterprise. When approving the specifics of working hours, they are reflected in the VTR rules. Employees of enterprises are obliged to perform their labor functions in full compliance with established rules.
Familiarization with them is carried out by the person employing the employee, of which the latter is notified against his signature. Failure to comply with these rules may be grounds for dismissal of an employee who violates the company’s work schedule.
Regime of working hours and rest time for employees with a special nature of work
Features of the production cycle and the nature of labor, categories of workers, their age and other factors are the basis for the use of different regimes of work and rest time.
Some types of work are characterized by the presence of special breaks, which are based on the complexity or harmfulness of the work functions performed. A separate work and rest regime established for certain categories of workers engaged in special work is reflected in industry and federal industry agreements that extend to certain production areas.
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We explain the legislation
By virtue of Art. 72 of the Labor Code of the Russian Federation, changes in the terms of the employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract, except for cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.
Article 74 of the Labor Code of the Russian Federation determined that, in the case when, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, it is allowed their change at the initiative of the employer, with the exception of changes in the employee’s labor function.
