How many hours per month should a person work according to the labor code?

How many hours to work per month according to the law: find out the details

Find out how many hours a month a person must work according to the labor code. Advice and expert opinions!

Unfortunately, modern employers often take advantage of their power and the situation in the labor market and violate the rights of their employees. The Labor Code determines how many hours a person must work per month. Having worked the number of hours determined by the Labor Code of the Russian Federation in a month, the employee receives wages (established salary). If an employee works more than what is required by law, then wages should increase proportionally.

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Number of days of vacation per month of work

To determine the number of rest days that accumulate per month, it is worth using one of the developed methods. Its meaning is simple - 2.33 days are accrued per month of activity, they fall on the annual vacation provided. The indicator is calculated as follows:

28 days:12 months = 2.22 days.

According to calculations using the method described above, the number of vacation days, based on the number of months worked, has the following values:

• 1 month – 2.33;
• 2 – 4,66;
• 3 – 6,99;
• 4 – 9,32;
• 5 – 11,65;
• 6 – 13,98;
• 7 – 16,31;
• 8 – 18,64;
• 9 – 20,97;
• 10 – 28;
• 11 – 28;
• 12 – 28.

This method of calculation is easy to use, and it was recognized by Resolution No. 169 of the People's Commissariat of Labor of the USSR in 1930.

Hours worked per month

Normal working hours per week are 40 hours. Article 91. Concept of working time. Normal working hours Working hours - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that are in accordance with this Code, other federal laws and other regulatory legal acts Russian Federation refer to working time. Normal working hours cannot exceed 40 hours per week. The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established duration of working time per week, is determined by the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor. However, with summarized recording of working time, other periods for recording working time may be established.

How many hours a week should a woman work: labor code rules

Overtime and crazy work schedules have long become the norm.
Employers do not always fulfill their responsibilities. The question of how many hours a week a woman should work becomes awkward. But the Labor Code of the Russian Federation for workers in all industries provides benefits regarding the length of the working day, week and provides additional payments for hours spent overtime in production.

All employers are required to comply with the Labor Code of the Russian Federation, regardless of the form of ownership and status of the enterprise, including individual entrepreneurs.

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.

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.

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.

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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.

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.

Shift and flexible work schedule

Management in production with a shift schedule is obliged to ensure that the number of shifts does not violate the legally established 40 hours.

That is, there should be no more than 4 12-hour shifts - the rest is considered overtime. When drawing up a schedule, management must take into account the ratio of weekends and weekdays so that the employee has time to rest.

It is impossible to arrange shifts one after another in a 12-hour working day with a break between shifts of less than a day.

If you have to work on a daily schedule, the employer must provide at least 3 days off after the shift. Opinions differ on how to qualify daily shifts: some bosses believe that they are dealing with a sliding schedule, while there are supporters of the definition of “shift work.”

A sliding or flexible schedule determines the duration of shifts and the number of days off by prior agreement of the parties when drawing up an employment contract.

Shift work implies a strict distribution of labor time in order to use equipment more constructively, as well as in the event that production needs do not allow establishing a legally acceptable daily schedule.

Information about the work schedule is required to be provided when applying for a job. Information about changes to the schedule must be given to employees no later than a month before it goes into effect. It is prohibited to force a worker to work 2 shifts in a row. If the replacement employee does not come to work, her colleague can be asked to work overtime for no more than 4 hours.

A salary increase is provided for night hours: the duration of such a shift should be shorter by an hour with a shift work schedule. Under flexible time conditions, the night shift is not shortened, which is more beneficial for the employer.

It is not possible to record working hours according to a standard 40-hour work week with a daily schedule.

The employer is obliged to ensure that the amount of time worked does not exceed the permissible norm for a longer period (month, quarter), and the duration of the accounting time should not exceed a year.

Overtime will be all hours worked in excess of the standard time based on the norm of 40 hours per week. Overtime is paid for the first 2 hours at 1.5 times the regular salary. For longer additional work, the payment doubles.

Work on holidays is paid additionally. According to Article 153 of the Labor Code, employees are required to pay money at a double rate. The number of overtime and additional hours cannot exceed 16 per week and 4 per day.

How many hours a woman should work per month is determined according to a 40-hour work week. This number is multiplied by the number of weeks in the month.

Standard working hours in rural areas for women

Women's work in rural areas cannot be called easy. It requires a large investment of physical strength, and in addition to work responsibilities, a woman has to take care of her own garden, home, and children.

Village workers are entitled to a benefit in reducing their working time to 36 hours. This law was adopted back in 1990. This norm applies to all enterprises located and registered in the village.

Work exceeding the norm is subject to additional payment in accordance with the regulations on overtime work.

The position, place of residence and salary of the employee herself do not affect the application of this law. If a woman works in an enterprise that is registered in the city, but actually operates in the village, this rule is invalid - the usual week of 40 hours applies to her.

conclusions

A woman can work 40 hours a week - this is the legally accepted norm. Exceeding the amount of working time is possible in industries with a shift or sliding schedule. Pregnant women should not be forced to work overtime or at night.

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Source: https://krasapetochka.ru/rabota-i-karera/izuchaem-svoi-prava-i-obyazannosti-norma-chasov-raboty-dlya-zhenshhin

Production calendar

1 The procedure for calculating the standard working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working time per week, approved. by order of the Ministry of Health and Social Development of Russia dated August 13, 2009 No. 588n (hereinafter referred to as the Procedure). At the same time, it is necessary to remember about the prohibition of work on non-working holidays (part one of Article 113 of the Labor Code of the Russian Federation), the reduction of work by 1 hour on a pre-holiday day, that is, on the day immediately preceding the non-working holiday (part one of Article 95 of the Labor Code of the Russian Federation)

How many vacation days does an employee get for each month worked?

With regard to calculating the exact number of vacation days that modern employees are entitled to, the current legislative norms have long established special formulas and schemes. In particular, all calculations are made based on the official value of 2.33 days. The fact is that this is exactly how many days of paid leave an employee is entitled to for each month of his work in the organization. Using the above value, calculating the required number of rest days is quite simple. It is only important to know the exact time period for which such a calculation will need to be carried out.

Separately, mention should be made of such an important issue as dividing the vacation period into several parts. This option often turns out to be very convenient for a large number of employees. By using it, they will be able to go on vacation at least twice in one year. However, here employers need to remember the main rule.

In particular, vacation sharing is indeed possible and is not a violation. The main thing is that one of the parts of the employee’s vacation period is at least 14 calendar days. As for the remaining days of rest, the employee can use them as he wishes. However, you still need to discuss this issue with the employer in order to avoid possible disputes and subsequent claims.

Sometimes the initiative to divide the vacation period comes not from the employee himself, but from his employer. This is understandable: some bosses do not like to let their subordinates go for a long time. This is why they prefer that employees take two vacations of 14 days each.

It should be noted that in the above situation there are no violations, however, before dividing the leave of his subordinate, the employer must always obtain consent to such actions from his employee. Otherwise, such actions of the boss may contradict current standards and violate the interests of the employee. Moreover, for unlawful division of vacation, the director of the organization may be subject to various disciplinary measures.

Determining the exact number of vacation days at the time of dismissal

The current labor legislation did not establish any special schemes or principles for determining the exact number of vacation days earned by an employee at the time of his dismissal. This means that in this case the employer must use standard calculation schemes that are also used in other situations. Here you need to be guided by the following principles:

1. If an employee, at the time of his departure from the organization, had worked for at least 11 calendar months and had never taken a vacation, this means that he will be entitled to full annual compensation for the unused vacation period.
2. If the subordinate’s work time in this company has not yet reached the eleven-month mark, then the calculation of the required number of days of rest is made “after the fact.” That is, the actual number of vacation periods worked is taken as a basis.
3. As for the calculation formula itself, the standard value is taken as a basis - 2.33 days. To establish the exact number of days, this amount is simply multiplied by the number of months worked. If an employee, for example, has already used a certain number of vacation days, it means that it is deducted from the total amount of allotted vacation days.
4. During immediate dismissal, the employee's available vacation days can be used in two different ways:
   for their intended purpose. This means that the employee will be able to take leave before leaving the organization for good. This option can be a great help if a subordinate does not want to work the standard two weeks before leaving;
5. the employee receives monetary compensation for unused days. When choosing this option, the rest days available to the subordinate will be “transferred” into cash. The exact amount of compensation will depend on the number of vacation days, as well as on the average earnings of the subordinate. The entire amount of compensation must be paid to the employee on his last day of work.

The procedure for calculating working time standards for 2020 with a 40-hour work week

The standard working time is the number of hours that a citizen must work in a certain period of time. These standards are established by Order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 No. 588n

“The procedure for calculating the standard working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working hours per week”

According to the provisions of this regulatory document, with a 40-hour work week, the standard working time is calculated taking into account five working days and two days off - Saturday and Sunday.

How many hours should each person work per month according to the labor code?

A job seeker must know his rights. To know them, you need to read the Labor Code of the Russian Federation. But many, of course, first of all, are too lazy to do it. Secondly, they trust the manager, thirdly, they get a job in order to work, receive a salary, they don’t care about the allotted time. As a result, they don’t know how many hours per month they can work under labor law. A person can overwork several hours every day, a huge amount of overtime is obtained per month, and the salary remains unchanged. Management is legally obligated to tell the employee his rights, but in reality this does not happen.

Working time standards 5 day work week Timesheet Calendar 2017-2017

The calendar contains accurate information about the number of working days, holidays and pre-holiday days for each new year, taking into account changes in the transfer of days off to working days, which are established by the Government of the Russian Federation. The production calendar 2017 - 2020 is, in essence, a “cheat sheet” in the work of a personnel officer and payroll accountant. Therefore, the important information that is provided in this production calendar for a 5-day working week is designed to help avoid errors when calculating wages.

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(as amended by Federal Law No. 90-FZ of June 30, 2006) Normal working hours cannot exceed 40 hours per week. The procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established duration of working time per week, is determined by the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor. (Part three was introduced by Federal Law No. 157-FZ of July 22, 2008) The employer is obliged to keep records of the time actually worked by each employee. Article 92.

Duration of the working week according to the Labor Code of the Russian Federation

The Labor Code states that the employer can independently set the schedule at the enterprise, but at the same time he is obliged to make sure that the working week for each employee does not exceed 40 hours.

It should be borne in mind that this figure is final; it does not matter how many days a week a person is at work. Adjustment of time is possible in accordance with the schedule, but each overtime must be paid twice.

Almost all enterprises in the country have a five-day working week, but there are organizations in which activities must be maintained 6 or 7 days a week. In this case, salaries are increased, and people are recruited to work two or three shifts on different days of the week.

A normal work shift lasts 8 hours in a five-day week and 6 hours in a six-day week. Overtime must be paid, and for overtime on a weekend, a person must receive double the amount.

The procedure for calculating working time norms

3 as follows: the procedure for calculating the norm of working time for certain calendar periods (month, quarter, year), depending on the established duration of working time per week, is determined by the federal executive body exercising the functions of developing state policy and legal regulation in the field of labor. In connection with this addition, Order No. 588n of the Ministry of Health and Social Development of Russia was issued. which came into effect on 10/18/2009.

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The number of working days is not usually given as a characteristic of working duration. Working week in hours - the number of working hours that an employee will work in a week of hours. The standard is a forty-hour (40-hour) workweek with five workdays of eight hours each. There are also 36-hour and 24-hour workweeks. A 36-hour working week is provided for by the Labor Code for certain categories of workers, for example, those employed in harmful or dangerous working conditions, women working in the Far North and similar areas.

Vacations

All employees are guaranteed annual paid leave. During the vacation, average earnings must be paid (Article 114 of the Labor Code of the Russian Federation).

In general, the annual basic paid leave is 28 calendar days (that is, 4 weeks). But some employees are entitled to extended basic leave (more than 28 calendar days), for example, minor workers or teaching staff (Article 115 of the Labor Code of the Russian Federation).

And some employees are provided with additional paid leave, for example, employees engaged in harmful and dangerous work, employees with irregular working hours and employees working in the Far North (Article 116 of the Labor Code of the Russian Federation).

Standard hours for a shift work schedule according to the Labor Code

Having objective reasons, the employer can establish a shift work schedule for employees, which is permitted by Art. 103 Labor Code of the Russian Federation. As objective reasons, labor legislation names such criteria of the production process as: the length of the production cycle is greater than the maximum duration of daily work defined by law; intensification of the use of production equipment to increase the output of finished products. Example Let us take as an example the process of manufacturing products on a continuous cycle conveyor line.

Legal restrictions on recycling

When organizing overtime work for team members working on a shift schedule, you need to take into account some legal requirements and restrictions:

1. The duration of overtime should not be more than 4 hours for one employee for 2 consecutive working days, in total for a year - more than 120 hours (clause 6 of Article 99 of the Labor Code of the Russian Federation).
2. Cannot work overtime:
   pregnant employees (clause 5 of article 99 Labor Code F);
3. minor workers (clause 5 of article 99 of the Labor Code of the Russian Federation);
4. workers combining work and study on the basis of a student agreement (clause 3 of article 203 of the Labor Code of the Russian Federation).
5. In a special order (clause 5 of Article 99 of the Labor Code of the Russian Federation), with a warning about the possibility of refusing overtime and obtaining written consent, the following are involved in overtime work in the absence of medical contraindications:
   employees raising a child under 3 years of age;
6. disabled people.
7. Working for 2 shifts in a row is prohibited (clause 5 of Article 103 of the Labor Code of the Russian Federation).

Thus, overtime during a shift work schedule requires not only compliance with the rules on compensation for overtime work, but also compliance with other legal requirements relating to work outside the established time standards.

Work time

The Labor Code provides a clear definition of working time and provides for various options. Working time is considered to be the time when the employee directly works, performs exactly those actions that are assigned to him by the employment contract and job responsibilities. This time does not include any breaks. In most cases, the duration of working hours is set directly by the employer and complies with the law, amounting to no more than forty hours per week. These forty working hours are distributed differently throughout the week, depending on the so-called working hours. This regime is established by an employment agreement or contract.

The main mode accepted for use is normal working hours. With it, forty hours a week are divided into five working days of eight working hours. Other options for distributing work hours are also possible. For example, during shift work, working time is distributed so that the result is no more than the permissible weekly norm.

The law allows for both increased working hours and reduced work hours, and flexible work.

Shortened work hours occur for special categories of workers. These are minors, disabled people, people working in harmful or dangerous conditions.

Work in a flexible mode or in a flexible working hours mode - in this case, the start of work, its end or the total duration of the shift can be changed by mutual agreement of the employee and the employer. At the same time, the employee must still work the established number of hours of work per week.

Working hours can not only be reduced, but also increased.

How to apply

To go on temporary vacation, first of all, you need to determine specific dates. In most cases, they must be agreed upon with management in advance. You must write an application 14 days in advance and submit it to the HR department. Here, authorized employees must write an order addressed to the employee.

Since many people prefer to relax in the summer, companies usually create a vacation schedule, and each employee plans their free time based on it. Having a schedule has its benefits not only for company management, but also for employees. After all, in this case the likelihood of labor disputes is reduced. There is no need to discuss dates with management, there is no need to seek a compromise. In this case, the employee is confident that it is during this period of time that he will definitely be able to go on temporary leave. If there is a schedule, the manager is obliged to inform each employee about the approaching vacation date two weeks before it. The notification must be in writing. If the employer has not done this, the employee has every right to reschedule the date to any time convenient for him.

Labor Code of the Russian Federation - vacation after six months of work

This is an employee's right, but it should always be discussed with the employer. It should be noted that the application is written in free form and in handwritten form.

Although many employers allow the text of the application to be typed on a computer and signed.

The submitted sample is correctly formatted and complies with the regulations on office work.

This is important to know: Payment for travel for military personnel to the place of vacation

Other work performed beyond normal limits

There are other ways to get workers to work beyond the eight hours required by law.

One of them is working at night. If there is a production need, such work can be performed. However, the total duration of work should not exceed forty hours per week. This can be achieved by providing additional rest time equal to the duration of work. If this condition is met, no extra hours will be generated.

It should be borne in mind that night work should be reduced by one hour.

Overtime work is the common name for work in excess of normal working hours, which is performed at the will of the organization or entrepreneur, that is, the employer.

All cases in which it is possible to assign such work to an employee are clearly indicated in the law. The employer cannot change or supplement the list on his own. But, if there is a written consent of the employee to perform overtime work, it is possible to be involved in it with subsequent payment in a larger amount.

Mask overlay

In the formula, the part is an amendment that adds 2 days to January. If we remove the 2 factor and replace the 1 with 2 in the numerator, then this formula will add 2 days to January and 1 day to February, which gives us the key to adding a day in a leap year. For clarity, we use the intermediate value g(y)

use 2000 (leap year) and 2001 (non-leap year) as
y

The values ​​for all months except January of non-leap years are correct.
To correct this annoying misunderstanding, let’s add 1 day to January using the formula already known to us:

Now we need to subtract 1 day from January in case of a leap year, for which we will be helped by the knowledge that for any x

, A .

Then the formula will take the form:

Or: