Regime and recording of working hours according to the Labor Code of the Russian Federation

Working hours

By signing an employment contract, citizens hired into the workforce undertake to comply with internal regulations. At the same time, the article of the Labor Code on working hours allows that standard work regulations may not apply to everyone. For individual specialists with special working conditions, the regime is directly prescribed in the contract.

The concept of “working hours”

Working hours are the basis of team discipline, based on a set of requirements for internal regulations. It depends on the specifics of a particular production or professional activity, therefore, according to Article 100 of the Labor Code, it is established on a general and/or individual basis directly by the management of the organization. The law in this part only sets the basic rules designed to protect the interests of full-time employees.

Mode elements

The working hours regime under the Labor Code provides for the following main elements:

Work week structure

The working week consists of days of work and rest. Depending on the nature of production, it may take 5 or 6 working days. At the same time, the total length of time allotted for performing duties should not exceed 40 hours per week.

I also distinguish between schedules established by agreement of the parties:

• sliding (flexible), in which days of work and rest are presented at different times;
• incomplete, for certain categories of workers, as well as employees in special life situations.

Working day and schedule

The daily work schedule consists of the time of direct performance of professional duties with a break for rest and eating; in the Labor Code, these periods are united by the concept of a working day. The following forms of work schedule are distinguished:

1. Standardized – a day with a clear schedule fixed in the employment agreement.
2. Irregular – a regime with occasional overtime work.
3. Shift – day and night modes, typical for industries with a continuous (round-the-clock) technological process. Shifts are set on the basis of special schedules, which employees are introduced to in advance (at least a month in advance).
4. Summarized - a working day established for employees of production facilities with an unstable technological process. For example, for port loaders involved in the period of shipment of cargo shipments.

According to the Labor Code, the employer has the right to set the beginning of the working day. In various organizations, this can be either the standard 9.00 am or the less common (adapted) – 7.00 or 11.00. In this matter, the features of the production process play a role, as well as, in some cases, the location of the main partners, branches and parent organizations (for example, if they are located in different time zones). The end time is determined so that the total length of the working day does not exceed the normal number of working hours. Lunch breaks are typically set aside from 40 to 60 minutes in the middle of the day, or the timing is left to the discretion of employees.

Attention! All of these parameters are included in the schedule, which can be standard or flexible - with the start of the working day at different times (for example, depending on the season). There is also a fragmented schedule for production with unstable intensity.

Special regime

For certain categories of employees, the employer is obliged to establish a special work schedule. According to the Labor Code of the Russian Federation, the list of such persons includes:

It is important to know! Specialists who have the right to a preferential schedule from part-time workers or part-time workers, since the Code classifies such cases as a type of labor relationship, and not as a feature of the regime.

Another commentary on Article 101 of the Labor Code of the Russian Federation

The commented article defines an irregular working day as a special mode of work, according to which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their labor functions outside the established working hours.

An irregular working day as a special mode of work, as a rule, is stipulated when concluding an employment contract and provides for the employee to perform his labor functions, if necessary, outside the established working hours. Let us remind you that this working regime does not apply to all employees, but only to employees whose positions are included in a special list of positions for employees with irregular working hours. Irregular working hours are usually established for management employees, as well as technical and business personnel, specialists and all other workers whose work cannot be accurately recorded in time. In accordance with the Decree of the Government of the Russian Federation dated December 11, 2002 N 884 “On approval of the Rules for the provision of annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget”, the list of positions of employees with irregular working hours includes managerial, technical and economic personnel and other workers: whose work during the working day cannot be accurately accounted for; who distribute working time at their own discretion; whose working time, due to the nature of the work, is divided into parts of indefinite duration.

——————————— See, for example: Order of the Federal Compulsory Health Insurance Fund dated 01.09.2009 N 196 “On annual paid leave and additional paid leave for irregular working hours of MHIF employees.” NW RF. 2002. N 51. Art. 5081.

Irregular working hours can also be established for drivers of passenger cars, drivers of expedition vehicles, survey crews, etc. This working time regime for them is established taking into account the opinion of the representative body of workers. In this case, the duration of work shifts according to work schedules is established based on the normal length of the working week.

——————————— See: Order of the Ministry of Transport of Russia dated August 20, 2004 N 15 “On approval of the Regulations on the peculiarities of working hours and rest time for car drivers” // BNA. 2004. N 45.

For work with irregular working hours it is provided in accordance with Art. 119 of the Labor Code annual additional paid leave, the specific duration of which is determined by a collective agreement or the internal labor regulations of the organization, taking into account the need for the employee to perform work duties outside of work hours, as well as taking into account the nature of his work, its complexity, volume, etc.

The procedure for establishing a working regime

As noted earlier, in accordance with Part 1 of Article 100 of the Labor Code of the Russian Federation, the labor regime is established by internal regulations. This is a document developed by the employer’s personnel and legal services in agreement with the trade union and included in the collective agreement. Their individual provisions may be spelled out in the employment agreement, but more often the rules are simply introduced to the employee upon signature at the time of hiring.

If regulatory legal acts for a profession establish requirements for discipline and behavior, then they can be relayed in the governing documents of the organization:

Special disciplinary rules contain special (increased) requirements for behavior, subordination, personal responsibility and level of knowledge.

Features of the mode for individual professions

The requirements of Article 100 of the Labor Code allow for the possibility of establishing special internal regulations for a number of employees or for the professional field as a whole. Examples of individual schedules for representatives of some professions:

Time worked tracking

Working hours are recorded using standardized forms T-12, T-13. Personnel department employees record daily working hours, taking into account the current regime at the enterprise, in a special report card. Periods of absence from service are also noted, indicating the reasons. For convenience, all possible cases are codified in alphabetic and numerical forms.

For each working month, a time sheet is created, which at the end of the reporting period is signed by authorized representatives of the organization and transferred to financial services for calculating wages. Timesheets for past periods are transferred to the archive. The standard shelf life before value examination is 75 years.

Various professions require a special regime of work and rest. When entering the service, carefully read the rules of the organization's daily routine. Remember that the employer has the right to distribute the working hours of employees at its own discretion. If controversial issues arise, insist on including the requirements for your regime in the employment contract.

Issuing an order and drawing up a certificate

At the first stage of approval of the working hours regime, the employer sends an order/instruction to the trade union organization. Detailed justification is also required. The elected body, within 5 working days from the date of receipt of the document, sends a reasoned opinion (in writing).

If there is no agreement with the project, the employer has several options:

• agree with the opinion;
• within three days, organize an additional consultation to make a mutually beneficial decision.

If the disagreements that arise are not resolved, a protocol is drawn up. As a result, the employer has the right to issue an order, which, if necessary, can be appealed by the trade union or labor inspectorate.