Women who work in rural areas have had their working hours shortened. This is another step to popularize life in the village from the Government of the Russian Federation.
The State Duma adopted a law on shortened working hours for women in rural areas in 2020-2021. Let us tell you what benefits working women in rural areas can count on.
New law on benefits
Changes to the provisions on benefits were introduced into the Labor Code by federal law dated November 12, 2021 No. 372-FZ. This regulation came into force on November 23, 2021.
He introduced a new article 263.1 into the Labor Code, which is entirely dedicated to these benefits. At the same time, similar provisions were excluded from Article 262 of the Labor Code of the Russian Federation.
In accordance with these changes, women working in rural areas have the right to lighter working hours:
- a shortened workweek of no more than 36 hours while maintaining full salary for the position held (guaranteed to everyone);
- one additional day of unpaid leave per month (provided only at the request of the woman).
Expert opinion
Labor Lawyer Olga Smirnova
Federal Law No. 372-FZ specifically states that, in connection with the guarantees provided, a woman’s salary should not decrease compared to what was previously established before this regulation came into force.
The reduction in total working time is realized through a shortened working day. As a rule, for this purpose, a 7-hour working day is established for female workers.
Live or work in a rural area?
The new article of the Labor Code of the Russian Federation raises other questions. For example, it is not clear whether a woman who works in a rural area but lives outside of it is entitled to these benefits. Although, if read literally, in our opinion, such a worker has the said right. That is, the key should be considered to be the location of a workplace in a rural area, while the enterprise itself can be registered in the city.
With regard to Resolution of the Supreme Council of the RSFSR No. 293/3-1, the Letter of the State Committee for Economics of the RSFSR dated December 12, 1990 No. 19-117 indicated that rural settlements include all settlements, except for the cities of the republican (RSFSR and ASSR), regional, regional, district and district subordination, workers, resort and dacha settlements, in accordance with the Regulations on the procedure for resolving issues of the administrative-territorial structure of the RSFSR, approved by the Decree of the Presidium of the Supreme Council of the RSFSR dated August 17, 1982 “On the procedure for resolving issues of the administrative-territorial structure of the RSFSR.”
Obviously, this letter cannot be applied to the Labor Code of the Russian Federation, and the administrative-territorial division is now significantly different. But the concept of rural areas can be found in the Order of the Government of the Russian Federation dated 02.02.2015 No. 151-“On approval of the Strategy for the Sustainable Development of Rural Territories of the Russian Federation for the period until 2030.” It states that for the purposes of this regulation, a rural area is a collection of rural settlements.
In turn, according to the Concept of Sustainable Development of Rural Territories of the Russian Federation for the period until 2021[4], rural settlements are towns, villages, hamlets, villages, villages, kishlaks, villages, hamlets and other rural settlements classified regardless of the number of people living in them people to rural settlements by administrative-territorial division established in the constituent entities of the Russian Federation.
In our opinion, these definitions are quite applicable for the purposes of Art. 263.1 Labor Code of the Russian Federation.
Let us add that in paragraph 1 of Art. 2 of the Federal Law of 06.10.2003 No. 131-FZ “On the general principles of the organization of local self-government in the Russian Federation” there is the term “rural settlement” - one or more rural settlements united by a common territory (towns, villages, villages, hamlets, kishlaks , villages and other rural settlements) in which local self-government is exercised by the population directly and (or) through elected and other local government bodies.
What changed
The law on work duration and working hours for women in rural areas existed previously. Thus, the right to an additional day off without pay was established by the previous edition of Article 262 of the Labor Code of the Russian Federation, from where it was transferred to the new article.
A 36-day shortened working week for women in rural areas was established by clause 1.3 of the Resolution of the Supreme Council of the RSFSR of November 1, 1990 No. 298/3-1 “On urgent measures to improve the situation of women, families, maternal and child health in rural areas”, having the force of law. This normative act remained in effect on the basis of Part 1 of Art. 423 of the Labor Code of the Russian Federation, as not contradicting the provisions of the Labor Code. With the entry into force of changes to the Labor Code in November 2021, the norm was transferred directly to it.
Labor Code for Women
The legislation takes into account that almost all household chores fall on the shoulders of wives, mothers and grandmothers - it’s like a free second shift after the main job for money.
According to the Labor Code of the Russian Federation, women are provided with benefits in the length of the working day and week. The employer is obliged to take into account all time spent at work. Every hour must be recorded. By looking at the timesheet, you can find out how many hours a particular woman works per week or month. Strict recording of working hours will help ensure fair calculation of wages and bonuses, and will also make it possible to determine who is owed additional money.
The length of stay at production should not exceed 40 hours for female workers in all industries. An exception may be a profession such as a police officer, where the work schedule is not standardized, and the specifics of the work do not allow establishing strict limits on work time.
When drawing up an employment contract, the employer is obliged to take into account all the nuances associated with possible overtime hours and follow the law. Before signing, it is better for a potential employee to study all the points in order to prevent possible problems.
Women's work week
Women belong to a separate category of workers, especially protected by law. Various benefits and relaxations in work and rest regimes are provided for them. The length of the working week (WW) is one of the adjustable elements of women’s work.
A shortened working week for women is discussed not only in the Labor Code, but also in other legal acts.
For example:
- Art. 320 of the Labor Code of the Russian Federation determines the possibility of establishing a work permit lasting 36 hours for women performing labor functions in the regions of the Far North and equivalent areas;
- Resolution of the Supreme Council of the RSFSR dated November 1, 1990 No. 298/3-1 “On urgent measures to improve the situation of women, families, maternal and child health in rural areas” established a 36-hour working week for women working in rural areas with the same salary as in full weekly work (40 hours).
For women with children, the state provides benefits for the duration of RN:
- if children are under 1.5 years old;
- for older children (up to 14 years old).
In relation to the first category - nursing mothers - the law does not provide for a direct rule on a reduced pH. However, the RN of this category of workers still has a reduced duration due to the provisions of Art. 258 of the Labor Code of the Russian Federation additional breaks for rest and nutrition. At the request of the woman, these breaks can be transferred to the end of the working day, which reduces the 8-hour working day by an hour. A break to feed a child is paid in the amount of average earnings.
If a woman has an older child (under 14 years of age), then, upon her application, a part-time working day can be established at the normal duration of the RN with payment in proportion to the time worked.
Time worked tracking
The management is obliged to accurately and timely take into account the time worked by the woman. This is usually done by preparing a timesheet each month if the salary is accrued once for that calendar period.
The document contains information based on the facts of leaving or not appearing at the enterprise, as well as the number of labor hours. Days of sick leave, vacation, or other cases of absence at the enterprise are recorded with special symbols. Such a timesheet will allow accounting employees to fairly accrue money based on hours worked, and take into account overtime, holidays and other overtime.
Drawing up a work schedule
The required work schedule must be specified in the employment contract. Before starting an activity, a woman must see in what mode she will have to work. The employment contract requires information about additional payment for going to work outside the established shifts, on holidays.
The standard working week according to current legislation is 40 hours. This time must be divided by the number of expected shifts at the discretion of management. Sometimes the actual time spent at work does not coincide with the established standards. Production demands may be such that 40 hours per week is not sufficient to distribute shifts. All excesses must be recorded and paid at an increased rate.
Rest time must be taken into account - for example, after a 12-hour shift, a worker must have at least 42 free hours. This is necessary for full recovery of strength and is especially important for work that requires additional attentiveness, work in high-risk conditions, heavy physical labor, hazardous industries.
In some cases, if there is a staff shortage, an enhanced work schedule may be temporarily introduced. This regime should provide for all necessary additional payments, but the overtime work period established by law is no more than 4 hours a day or 14 a week.
Benefits for mothers and pregnant women
Bearing and giving birth to a child is a serious challenge. A pregnant woman is considered healthy, but hard work and regular employment may not be available. How many hours a pregnant woman should work is left up to the expectant mother herself to consider. It is also possible to switch to another, easier activity. The ability to choose during such a crucial period makes life easier, helps you maintain your health, and focus on your condition and raising your baby.
There are bosses who refuse to enter into contracts with pregnant women, mothers of small children, or simply because the applicant is young (“She’s still going on maternity leave”). This is illegal and can be appealed in court (Article 64 of the Labor Code of the Russian Federation). Also, when entering a job, pregnant women cannot be given a probationary period in the first stages of work.
The mother of a child under 14 years of age has the right to ask for a lighter work week. The same benefit is provided for pregnant workers and parents of disabled children under 18 years of age. A woman can ask for a part-time working day when drawing up a contract or in connection with the child’s frequent illnesses later (Article 93). The administration is obliged to satisfy this request. Remuneration is determined in accordance with the number of recorded working hours or according to output, if the work is associated with a percentage of the resulting product of labor. With a light work schedule, part-time or a week, the length of service is accrued under normal conditions; this also does not affect the duration of annual leave.
According to Article 96 of the Labor Code, mothers, guardians and fathers of children under 3 years of age, and single parents can work night shifts only with their written permission, if their health condition allows. The employer does not have the right to independently change their schedule or force them to work at night. Engaging disabled women and mothers of small children to work overtime without written consent is also prohibited by Article 99. The employer is obliged to notify female employees in writing of their right to refuse additional work and obtain a signature from them that they are familiar with this right. Few people know about this law, but it gives women advantages and will not allow employers to force their employees to spend extra time at work.
Pregnant women at work are required to transfer to lighter work, reduce their production rate after providing a certificate about their condition from a doctor and a written statement. The average salary remains the same (Article 254). If the application is ignored, the expectant mother may not go to production until her request is satisfied. In her previous place with difficult conditions, management has no right to force a woman to work. The benefit also applies to mothers of children under 1.5 years of age. The previous salary remains until the child grows up.
Length of working day for all women
A 40-hour work week is legally established for everyone. How many hours a day should an ordinary woman work? According to Article 100 of the Labor Code, the work shift regime takes into account the standard length of the work week. Typically, employers divide the number of hours by the number of working days. There are 5, 6-day weeks, as well as work schedules with shift or sliding hours. Planned breaks and the start time of the working day are taken into account. For example, with a 5-day week, the length of the day will be 8 hours with one hour break for eating or resting.
Who is eligible for benefits
For the purposes of obtaining the right to guarantees, what matters is the place where the employee actually performs her duties, and not the legal address or location of the employer’s head office.
Expert opinion
Labor Lawyer Olga Smirnova
It does not matter where the woman lives - in a village or in a city. Residents of cities and workers in rural areas are entitled to benefits.
Position or profession is also unimportant. The right to a shortened week and an additional day off is granted regardless of whether the woman’s work is related to typical rural occupations. Simply put, not only a milkmaid or a livestock breeder, but also a village store salesperson or an accountant on a farm should work no more than 36 hours.
Payment Features
Each labor activity of representatives of the fair sex who work in the village for more than 36 hours must be paid at an increased rate.
Even if an employee works full time and receives a salary that fully corresponds to the payment of a full working day, this is incorrect from the point of view of the law, since female employees should already receive a salary for 40 hours, while working 36 hours a week.
As a result, in the current situation, the woman overworks 4 hours a week, without receiving additional payment for them.
Increased salary if the working day is divided into parts
If a woman in a village has such working conditions that her working day is divided into parts, she should receive additional payment. For example, there is a woman and a man who work for several hours with breaks: the woman is a cook in the village canteen, and the man delivers milk. They do this not all day, but in several approaches. They have the same salary. But a woman is entitled to additional payment simply for the fact that she is a woman and works in the countryside. But in the same situation and under the same conditions, a man is not entitled to additional payment.
The old resolution fixed the amount of surcharge - 30%. This share was not included in the labor code - it simply indicated that the payment was increased. Which one - now decide for yourself. There is a caveat that the surcharge cannot be reduced: women who already work in rural areas will continue to receive 30% on top. And those who get hired after November 23 can receive only 10% instead of 30%.
It seems that they gave a guarantee, but in fact it was there - and even in the best possible way. Although this norm is easy to get around - both before and after the amendments to the labor code: the employer can set a woman’s salary so that with a 30% bonus it would be the usual one - which would be paid in the city. Nowadays, salaries are set by agreement, rather than being paid according to uniform tariffs throughout the country.
If multiple reduction grounds
Also, if, by virtue of other legislative acts, the employee has the right to an even shorter working week, she should be given the smallest number of hours of all possible options.
Expert opinion
Labor Lawyer Olga Smirnova
If a worker must have a 36-hour working week for several reasons (for example, working in rural areas and in harmful or dangerous working conditions), the working week is set to 36 hours. There is no further reduction in this time.
Legal working hours in rural areas
Life in rural areas differs significantly from urban life, imposing additional responsibilities on women regarding the household. In this regard, the law adopted a decision on shorter working hours for women.
The legislative act that regulates the working hours for women in rural areas is the Resolution of the Supreme Council of the Socialist Republic of 1990 No. 298/3-1, the purpose of which is to increase the birth rate in villages.
Attention! Despite the relative age of the decision, it is still supported by law today. According to Article 423 of the Labor Code of the Russian Federation, the norms of the Russian Soviet Federative Socialist Republic are valid until new ones are adopted that can control this issue.
The resolution provides protection to motherhood and childhood in rural areas. It displays certain provisions and norms. For example, women of childbearing age should not be employed in work that has a negative impact on the body.
The regulation also provides for work benefits. The resolution affects only the female part of the population and does not apply to men.
Attention is paid to women who are employed in a factory or enterprise located in the village. In this case, the actual place of residence of the employee does not matter.
For example, she lives in the city, but travels to the countryside for work. In this case, the employer must arrange for her to work a 36-hour day.
There is a job for everyone in the village. Female employees are given reduced working hours regardless of what job function she is responsible for.
Shortened working week
A normal working week according to the labor code lasts 40 hours: 5 days of 8 hours. A woman who works in the city will come to work at 9 a.m. and leave—including a lunch break—at 6 p.m.
In towns and villages, women can work 36 hours a week. In this way, the state is trying to facilitate women’s work, which in rural areas is often difficult and harmful. And their living conditions are more difficult than in the city. This affects women's health and demographic situation.
At the same time, women must be paid as for a full week: 4 hours are not deducted from their salary. To work less than usual, just write a statement to your employer.
Overtime is considered overtime
If a woman has written an application for a shortened work week, but works 40 hours, it is considered that 4 hours is overtime. For such time you need to pay extra:
- for the first two hours - one and a half times;
- over the next two hours - double the amount.
That is, a woman who works in a village - and not necessarily in agriculture - will work 36 hours, but receive the same salary as 40. For the rest of the time she works, she needs to be paid at an increased rate.
At the same time, it is impossible to force a woman to work 40 hours a week. You can only ask her about it. If she refuses, this is not absenteeism and not a reason for dismissal or salary reduction. Sometimes women should not be involved in overtime work at all - for example, pregnant women.
Order of reduction
A shortened day is possible only if working full time. Part-time work does not provide such opportunities. 36 hours are equally distributed depending on the work schedule and the number of working days per week.
If a woman works 5 days a week, then every day she needs to work 7 hours 10 minutes. Also, female workers have the right to an additional unpaid day off once a month.
Important! Shortened working hours for women working in the village must be compulsorily implemented by management. Administrative punishment is provided for ignoring this law.
Extra day off every month
Women who work in rural areas can take an additional day off once a month. To do this you need to write an application. The employer cannot refuse such a day off.
But he doesn’t have to pay for it either. For example, a poultry factory worker took an extra day off on Friday. She can, without negative consequences for herself, not go to work that day, but this will affect her salary: she will not be paid on Friday.
There are days off that the employer is required to pay. For example, if you take a day off for a medical examination, this will not affect your payments. Therefore, it is important to correctly indicate the reason and reference to the article of the labor code in the application. The employer can release you for a medical examination, and ask you to write an application as if for an additional day off under Article 263.1 of the Labor Code of the Russian Federation. This way he will save, and the woman will lose part of her salary and the right to an additional day of rest.
Shift mode
If a woman is employed in an organization where it is not possible to work shorter hours, another rule comes into play. The employer, in accordance with internal work regulations, has the right to introduce a regime for calculating overtime.
Those. a work week for female employees in the village exceeding 36 hours will be considered overtime and must be paid additionally. The calculation can be carried out immediately for an entire quarter or monthly, taking into account the length of accounting time accepted by management.
Is it necessary to provide
An additional day off is provided at the request of the woman; it does not have to be used. But, if the application is written, the employer does not have the right to refuse or fire the woman for absenteeism and failure to appear.
But the working week, reduced to 36 hours, is mandatory for everyone. The corresponding explanations were given by representatives of the labor inspectorate. An employee can work 40 hours, but a difference of 4 hours for her will be overtime work, for which increased pay is due:
- regular payment multiplied by a factor of 1.5 for the first two hours;
- double pay for the next two hours.
Length of working hours per week
Working hours for women working in the villages have been reduced to 36 hours per week. In this case, the salary is paid as for a full day of work.
A shortened working day must be displayed in the employment contract in the “working hours” field. There is no need for an additional statement to management.
The reduction in working hours applies to all female professions. Teachers in the village also work 36 hours, but receive a salary for 40 hours of work per week.
Watch the video. Shortened working hours for women:
If the working day is divided into parts
In this case, the woman has the right to increased pay, but the Labor Code does not establish its amount. The specific increase is determined by agreement between the employee and the employer.
At the same time, previously established additional payments cannot be adjusted with reference to the entry into force of the new law. According to the previous Resolution of the Supreme Council of the RSFSR, the amount of the surcharge was fixed at 30%. Its unilateral reduction by the employer will worsen the position of the employee, therefore it is not allowed in accordance with the law.
What to do if there is a violation
Please note! To get your money back for overworked time, you can resort to some effective methods:
- in peaceful way. It is worth talking to management about non-compliance with the law, because it is possible that they were not fully familiarized with their responsibilities, or the boss was not informed that you were aware of your rights;
- issuing an ultimatum. By informing the employer of your serious intentions to achieve legality, even if you have to bring the matter to court, you can slightly intimidate your superiors with legal proceedings, and they will pay the debt amount;
- administrative measures. Litigation in court is a difficult process, and in order to carry it out correctly without losing your own interests, it is worth studying the legal subtleties and nuances that are discussed below.
First of all, the conditions of work and receipt of wages must be reflected in the employment contract, which is concluded during employment. You must have a copy of this agreement with you.
Having studied the document in detail, you can figure out whether the shortened working day for employees working in the village is considered a deliberately ignored fact on the part of the boss, or whether it is stated in the employment contract, although you can work full time without receiving additional payment for it. This is considered a very important point if you have serious intentions of getting honestly earned money.
