What does "full time" mean?
In Art. 92 of the Labor Code of the Russian Federation states that the length of the working week is forty hours. Mathematically, you can calculate the number of working hours per day. To do this, divide 40 by 5 to get 8 hours. Certainly, this amount of time is worked by people who carry out their work functions at full time and on a five-day schedule.
As practice shows, such a schedule does not always correspond to the rules and interests of the company, since it pursues the goal of increasing profits and the efficiency of the labor function. By decision of the director, the company can establish a six-day schedule or reduce the number of shifts by increasing their duration to 10-12 hours. It is important that the total number of hours in a seven-day period does not exceed 40. If it turns out to be more, the employee has the right to report the company to the inspectorate by work.
During the working day, a lunch break of 1 hour is required.
The procedure for calculating a full working day and its duration are fixed in the company’s regulatory documents and local internal regulations. The document is written based on the opinions of the staff and the employer. The signature is left by the head of the company.
For people who combine work with another type of activity, a special schedule is provided. Based on Article 284 of the Labor Code of the Russian Federation, an employee’s shift should be no more than 4 hours. A full working day is worked on weekends at the official place of employment.
Interview on the topic “Rate, half-time and quarter-rate in employment contracts”
Vladimir Shaposhnikov explains the procedure and conditions for concluding employment contracts when working part-time and part-time. From the interview you will learn what an employee should pay attention to when signing such contracts.
Subtitles
Hello, dear visitors of our site! We decided to devote our interview to such a painful topic, which, unfortunately, does not recede, this is the use of such concepts as rate, half rate, quarter rate and so on.
I’ll say right away that such a concept does not exist in labor legislation. There is no concept of either a rate or a half-rate; this is in fact used colloquially by accountants; perhaps in Soviet legislation there was such a provision on rates, but there is no such provision in the labor legislation of the Republic of Belarus.
What is hidden under this concept? This concept of working part-time or a quarter of the time can hide one of three things:
- Part-time work. That is, if there is a main job, the employee works for the same employer, but in a different profession or specialty,
- Working during your free time from your main job for another employer.
- Either there is such a thing as a shortened working week, or a working day at the main place of work.
Article 118 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code of the Republic of Belarus) allows for the establishment of a shortened working day or a shortened working week for employees under an agreement between the employee and the employer, however, this feature must be indicated in the employment contract. Therefore, the use of 0.5 or 0.25 rates in employment contracts is not only incorrect, it is misleading both the employee and the employer, and it is possible that one of them, rather the employer, has some that's intent.
What might be the intent? Let me explain. Let’s assume that the employee is prescribed a 0.25 rate in the contract. If the contract is for the main place of work, then as a lawyer I immediately understand that the employee is only entitled to a quarter of normal working hours. Since our normal working hours are 40 hours with a five-day working week, then, accordingly, the employee must work 10 hours, but the contract does not indicate the time of his work anywhere. The question immediately arises: for these 10 hours the employee works every day for two hours, or the employee works two days a week for 4 hours and one day a week for two hours. This is not clear. As a rule, employers, by paying an employee a quarter of the salary, force this employee to work at any time convenient for the employer, which is actually a violation of the employee’s rights.
Therefore, I would like to draw your attention once again to the fact that since the labor legislation of the Republic of Belarus does not contain the concept of half-time, quarter-time, and indeed such a concept as a rate, pay attention to the content of your employment contracts before signing them, because after You have signed your employment contract with your employer and are fulfilling it, then inevitably, sooner or later, a dispute arises and settling this dispute is quite difficult both in terms of time and finances.
This concludes this interview.
We invite you to post on our website () your wishes and information about what topics you would like to hear from our lawyers. June 13, 2013 — Vladimir Shaposhnikov
Full time in the Labor Code of the Russian Federation
The basic concepts of the working day are reflected in Art. 91 Labor Code of the Russian Federation. It describes the interpretation of the term and indicates the normally possible duration of the labor function during the day.
Working time is the period during which a company employee undertakes to perform his duties in accordance with internal established standards and the terms of the concluded contract. This also includes other time periods that belong to the duration of the working day on the basis of federal legislation, the Labor Code of the Russian Federation, and local acts.
How to calculate if the employee is a minor
It would seem that there is no difference: for teenagers, restrictions are set by hours, not by days. But we need to clarify: how many hours does a full working day mean? Children under 16 have the right to work, in accordance with Article 92 of the Labor Code of the Russian Federation, no more than 24 hours per week. But how will they be distributed? Various options are possible:
- 3 days for 8 hours;
- 4 days for 6 hours;
- 6 days for 4 hours.
The compilers of the production calendar were guided by a five-day week of 8 hours each and calculated the average monthly number of working days in 2020 with a 40-hour week.
In our case, if we take an eight-hour work day as a basis, the number of days is 3/5 of the usual “adult” norm. Therefore, we multiply the number of days in a month by 3/5.
So, for example, in September a 15-year-old worker has not 20 days worked, but 12.
It turns out that for the calculation we do not need to divide the working day into parts, but a kind of “adjustment” to the eight-hour period.
What is full rate
The term "full time" is inseparable from the concept of "working time". This is one of the aspects of labor relations regulation. To create work and rest time regimes that are comfortable for the health of employees, some restrictions are provided in relation to the maximum duration of the working day.
The rate indicates the cost of an employee’s labor function for a full day, that is, 8 hours.
Full time means an employee works under the maximum established shift duration. Rate plays a big role in many aspects of labor law. For example, the minimum wage applies specifically to full-time employees.
Working hours when employing an employee at 0.5 rate
Question
We are hiring an employee at 0.5 rate, working day from 09.00, lunch from 13.00. How to correctly specify the working hours in an employment contract? Should I indicate lunch time?
Answer
When hiring an employee at 0.5 rate, the employment contract with him must state that:
1) the employee is assigned a part-time working schedule and indicate the duration (for a fragment of the approximate execution of an employment contract, see the Justification);
2) the employee is paid in proportion to the time worked (except for cases when his work is paid by the piece).
Currently, internal labor regulations or an employment contract may stipulate that a lunch break may not be provided to an employee, since the duration of daily work (shift) established for him does not exceed four hours.
Rationale
Part-time work means that the employee works part-time and is paid in proportion to the time worked.
Part-time work is working time, the duration of which is less than the standard working time established for a given position (profession) in your institution.
Part-time working hours can be set as follows:
- part-time work - for example, six hours;
- part-time work - for example, working eight hours a day, three days a week;
- mixed part-time work - for example, working four hours a day and three days a week.
Any employee can be hired on a part-time basis if he agrees to this (Article 93 of the Labor Code of the Russian Federation).
The employment contract must state that (Article 57 of the Labor Code of the Russian Federation):
1) the employee is assigned a part-time working schedule and indicate the duration;
2) the employee is paid in proportion to the time worked (except for cases when his work is paid by the piece).
Possible wording of an employment contract for part-time work
The employee has the following working hours:
— working week – five days, from Monday to Friday inclusive, with two days off (Saturday, Sunday);
- duration of daily work - 4 hours, from 09:00. until 13:30;
- break for rest and food - 30 minutes in the period from 12 hours to 12 hours 30 minutes.”
Remuneration is made in proportion to the time worked, based on a salary of 30,000 rubles per month.” According to Part 2 of Art. 93 of the Labor Code of the Russian Federation, when part-time work is established, remuneration is made in proportion to the time worked or depending on the amount of work performed.
In the employment contract, the salary is indicated in full according to the staffing table based on the full rate, and the employee will receive a salary in proportion to the time worked.
From June 29, 2020, employers can leave without lunch those who work no more than 4 hours a day ( Article 108, “Labor Code of the Russian Federation” dated December 30, 2001 N 197-FZ (as amended on June 18, 2017) {ConsultantPlus} )
This possibility must be enshrined in employment contracts or PVTR.
Thus, internal labor regulations or an employment contract may stipulate that an employee is not given a lunch break, since the duration of daily work (shift) established for him does not exceed four hours.
Please note that an employee who is assigned a part-time rate is entitled to the same benefits and guarantees as an employee with normal working hours, including vacations, sick leave benefits, maternity benefits, child care benefits, etc. (Article 93 of the Labor Code of the Russian Federation, Letter of Rostrud dated 04/01/2015 N PG/23357-6-1).
| She answered the question: Olga Yakovlevna Reshetova, Consultant at IPC "Consultant+Askon" |
Average working hours
Indicators of employee time use are based on labor balance information. The following indicators exist.
The utilization rate of the maximum possible working period fund is calculated as follows:
K m.v.f.=(Tf/T m.v.f.)*100
TF – time worked as usual
T m.v.f. – maximum allowable working time.
The coefficient shows how working time is used in companies and their branches.
Time fund utilization rate:
Kt.f.=(Tf/Tt.f)*100
Tt.f. – time fund.
The indicator helps to compare the use of labor time in the face of inter-industry differences.
Labor segment utilization rate in days:
Kisp.work = average duration of labor in days/number of working days in the specified interval
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| parker |
| Do you have to work 40 hours a week to get paid full time? Or you can work 6 hours a day, 30 hours a week. |
| I want to draw the moderator's attention to this message because: Notification is being sent... |
| Allegra" [email hidden] , Wrote 26284 messages Write a private message Reputation: 3478 | #2[72285] April 6, 2009, 3:26 am |
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I do not give advice in private messages. Please ask all questions on the forum.| Olga (guest) [email protected] | #3[91502] June 25, 2009, 12:59 |
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| Student [email hidden] Belarus, Minsk Wrote 67 messages Write a private message Reputation: | #4[91524] June 25, 2009, 13:41 |
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| Tata (guest) | #5[91525] June 25, 2009, 13:41 |
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| Scorpion [email hidden] Belarus, Grodno Wrote 2815 messages Write a private message Reputation: 2592 | #6[91532] June 25, 2009, 1:58 pm |
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Ave atque vale!| VyacheslavV [email hidden] Belarus, Vitebsk Wrote 9692 messages Write a private message Reputation: 1077 | #7[91533] June 25, 2009, 1:59 pm |
Tata wrote:
Not necessary. The Labor Code directly states that working hours cannot exceed 40 (35) hours per week, but nowhere does it say that it should only be 40 (35) hours and no less. It all depends on the operating hours and work schedules. If an employer sets an employee’s working hours for 30 hours a week at full time, then this is his right.
It is also interesting how in such a situation you will enter the employee’s working hours in the timesheet. You work 6 hours a day, the time sheet costs 6 hours and the accounting department pays for 6 hours.
I want to draw the moderator's attention to this message because:Notification is being sent...
| Olga (guest) [email protected] | #8[91537] June 25, 2009, 2:03 pm |
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| Mr. Dismantler [email hidden] Belarus, Minsk Wrote 17763 messages Write a private message Reputation: 2234 | #9[91559] June 25, 2009, 16:10 |
Olga wrote:
In this case, can’t the accounting department just pay for a working day? why specify that it is 6 hours, if that is what is stated in the PVTR?
Right! Vyacheslav’s arguments would have real weight in the case of payment for actually worked time if paid hourly (sorry, Vyacheslav...). For the rest - see Scorpio's answer.
I want to draw the moderator's attention to this message because:Notification is being sent...
EVERYTHING WILL BE FINE! AND VERY SOON! INCLUDING WITH US!| Olga (guest) [email protected] | #10[91620] June 26, 2009, 6:51 |
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How to calculate
Let's consider 2 calculation options: for 40 and 24 hours of work per week. To calculate the hourly tariff rate from the hourly salary, the formula is used:
Example 1: 40 hours per week.
Let’s say a proofreader at a publishing house works 5 days a week, 8 hours a day.
Salary - 20,000 rubles per month.
The number of working hours in 2020 at 40 working hours per week is 1970.
Hourly tariff formula: 20,000 × 12 /1970 = 121.82 rubles.
Example 2. 24 hours a week.
A 15-year-old teenager works as a courier for a publishing house.
Salary - 15,000 rubles per month.
The number of working hours in 2020 with a 24-hour work week is 1179.6.
Formula for calculating the hourly tariff rate for 2020: 15,000 × 12 / 1179.6 = 152.5 rubles.
Legal regulation of working hours for athletes and coaches
Legal regulation of working hours is provided by a special chapter. 16 of the Labor Code of the Russian Federation (hereinafter also referred to as the Labor Code of the Russian Federation, Code). These legal norms form the legal institution of working time. It is based on the Constitution of the Russian Federation, in particular Art. 37, which stipulates that a person working under an employment contract is guaranteed the length of working hours established by federal law, weekends and holidays, and paid annual leave.
The Institute of Working Time makes a significant contribution to solving the problems defined in Art. 1 of the Labor Code of the Russian Federation: protection of the rights and interests of employees and employers.
The norms of the working day and working week established by the legislator are a measure of the duration of participation of each employee in social labor and form the basis for the distribution of time over various segments with the aim of its rational use. Such periods of time can be a calendar day, week, month, quarter, year and other accounting periods. The choice of calendar period during which the legally established working hours are distributed depends on the specifics of the employer and the work schedule. Organizations can work discontinuously, that is, when there is a stoppage of work for one or two days off (this is typical for most organizations in the modern period of time), and continuously - when the main production operates on all days of the calendar week, as well as with a single-shift and multi-shift production cycle.
Based on these circumstances, working hours standards should be distributed in such a way as to ensure favorable conditions for the organization to carry out its functions, full use of equipment, coordinated work of departments, as well as compliance with labor legislation in order to protect the health of workers and provide them with rest time.
What it is
To accurately calculate the hourly tariff rate in 2020, you need to consider:
- employee's monthly salary;
- type of workweek (5-day or 6-day, 40-, 36- or 24-hour);
- number of working hours in 2020
For reference, the most common type of workweek is 5 days, 8 hours a day. Teachers, service workers, and some other categories work 6 days a week, but their total working time per week will be 40 hours (usually their work schedule in hours is as follows: 7 + 7 + 7 + 7 + 7 + 5 = 40).
Regarding the duration of a 5-day work week:
- Adolescents under 16 years of age and employees of production facilities producing chemical weapons should work no more than 24 hours a week;
- no more than 36 hours a week - teachers, workers in industries with harmful and dangerous working conditions, etc.
Medical workers, depending on their position and specialty, have a 24-, 30-, 33-, and 36-hour work week.
