8-hour working day: Labor Code of the Russian Federation, when it was introduced, the procedure for introducing it into an organization, breaks, advantages and disadvantages

From the history

In November 1917, a very significant event took place in Russia, which changed the lives of many workers of that time. A decree was adopted that established an 8-hour working day. By this time, in many countries there was a grueling struggle to reduce the shift of workers.

Subsequently, the 8-hour working day lost its relevance, and in 1928-1933 a transition was made to a 7-hour work period. The length of the work week was 42 hours. After the outbreak of World War II, an 8-hour working day was established. Later (1656-1960) the working day was again reduced to 7 hours. It was only in 1991 that a law on the protection of workers' rights was adopted, which stipulated that the length of the working week could not exceed 40 hours. This is supposed to be enshrined in the Labor Code.

Break

In accordance with Russian labor legislation, every employee has the right to rest and meals. Breaks during an 8-hour working day cannot last more than two hours. However, lunch cannot be less than thirty minutes. It should also be noted here that a break for rest and meals is not included in the worker’s working hours. And therefore it is not paid.

Example

The employee goes to work according to a set schedule from 8:00 to 17:00. In fact, she performs her official duties 8 hours a day. Because she has a five-day work week. In addition, she is given one hour to rest and eat. This is provided for by law and labor regulations. She cannot fail to comply with them. If you set her a working day without lunch, this will be a violation of labor laws.

How to control your lunch break time

Based on Article 100 of the Labor Code, the working hours must provide for a lunch break. Article 107 notes that it is not included in the calculation of working time, but refers to rest.

Lunch break: regulation according to the Labor Code of the Russian Federation

Since lunch time cannot be considered working time, it will not be paid. On the other hand, if a violation of regulations occurred outside the territory of the enterprise, the director in this case will not punish the employee.

Sometimes it is not technically possible to provide lunch. In this situation, the employee can use his workplace.

Sometimes an employee is given rest, but he has a lot of work to do and does not use it in order to complete the assigned work on time. Thus, in fact, he turns rest into working time, increasing the latter at his own will. Does this give him the right to another time for lunch? The answer here is no.

The duration of lunch is regulated by the provisions of the Labor Code of the Russian Federation. However, it only indicates the minimum and maximum values. According to the provisions of the Labor Code of the Russian Federation, the minimum duration guaranteed by law is half an hour. The maximum limit is two hours.

The duration of the lunch break must be no less than 30 and no more than 120 minutes.
This means that the director, regardless of his desire, is obliged to provide an appropriate lunch break within the specified framework.

Although the manager is required to provide it, the time at which it begins can be any time. The law does not prevent you from setting aside morning, evening or daytime hours for this. In practice, the start of the break is most often set between noon and two o'clock in the afternoon.

The procedure for using lunch is established:

the working time schedule established in the rules on the internal regulations of the enterprise;
this issue can be determined in the collective agreement;
the work schedule can be fixed in the employment contract or amendments to it;
sometimes the director signs an order determining the distribution of working time at the enterprise.

In this case, the duration must be within the limits provided for by the Labor Code of the Russian Federation.

Lunch breaks are usually not included in employer paid time. This period is the employee's personal time. This follows from Article 108 of the Labor Code of the Russian Federation. During these intervals, the employee can remove PPE, go to the rest room or food intake room, and leave the premises and territory of the enterprise at his own discretion.

But this interval is not always excluded from payment. The employer is obliged to provide the opportunity to have lunch or dinner during working hours at those jobs where it is impossible to allocate a break for rest and food, since the technological cycle will be disrupted and this will negatively affect production as a whole. Such jobs include, for example, assembly line production in mechanical engineering or steelmaking shops. In this case, this time should be paid for, and conditions for eating should be created.

The list of such works, as well as places for eating during their implementation, must be fixed in the internal labor regulations (Part 3 of Article 108 of the Labor Code of the Russian Federation). An employee should not eat food at a machine or on a conveyor belt. The employer is obliged to equip the kitchen with a microwave oven, refrigerator, cooler, electric kettle, tables and chairs, as well as a sink with hot and cold water, and the necessary minimum of kitchen furniture for storing dishes. During lunch, the employee can take off his overalls and safety shoes in the dressing room.

These articles of the Labor Code indicate that the interval for meals and rest is indicated in the PVTR or by agreement of the parties to the employment contract. In this case, the employer must take into account the specifics of production, for example, time differences if the organization has several regional divisions, taking into account time zones. Local time must be indicated in the PVTR.

Shift work should also be taken into account. Shift production does not allow all workers to leave their workplaces at once. This will harm the flexibility, rhythm and continuity of production. Rest times should be set alternately, but taking into account that each participant in the production process should have a break after 4 hours of work.

In addition to lunch time, at certain work sites, regulated breaks are provided for workers at the expense of the employer, included in working hours. This is caused by the characteristics of production, its severity, as well as sensory loads, low and high air temperatures, noise, vibration, and other negative health indicators.

Article 109 states that those employees who work on open construction sites, in closed warehouses, hangars, etc., carry out external welding work, loading and unloading, or work in unfavorable climatic conditions, except for lunch, should be provided with rest breaks and heating.

The work of an external part-time worker may be during lunch under the main employment contract. In ch. 44 of the Labor Code of the Russian Federation does not establish any prohibitions in this regard.

A specific indication of exactly how many hours or minutes should be allocated for a break is not specified in Article 108. It is determined that “the interval for rest and eating should be no less than half an hour and no more than 2 hours.” The employer, based on these input data, sets lunch hours in its local regulations, which each employee must be familiarized with and signed when entering work.

In an eight-hour workday, it is enough to set lunch 1 hour after the first 4 hours of work. If the working day begins at 10 am and ends at 19 o'clock, then the interval for rest and eating is best done between 13.00 and 14.00. When the working day starts at 8 o'clock, the break should be set in the early lunch hours, that is, between 12.00-13.00.

The duration of the lunch break must be clearly agreed upon by the employer and the employee before the latter begins his work activity. In what form is this done? The employee must be familiar with the act, which specifies all the internal regulations. After reviewing the document, you must sign it.

Nowadays, there is a trend among organizations to install floating lunch. A floating lunch means that a time interval is specified during which the employee will be able to take a lunch break for a strictly defined time. For example, lunch from 12.00 to 15.00 lasting 1 hour. To establish such a lunch break, the employer must comply with the following requirements:

The lunch break should not be less than 30 minutes;
Lunch should not be more than 2 hours;
The break should be during the day, not at the beginning or end;
Lunch times should be specified in the internal rules. Employees must be familiarized with this.

Even if the company has a clearly defined lunch time, the employee has every right, in agreement with the manager, to set a flexible lunch for himself. To do this, the employee must write a statement. And the employer must enter into an additional agreement with the employee on an individual lunch break schedule. In some cases, employers are required to indicate serious reasons for rescheduling lunch. Although this is not stipulated by law.

So, lunch breaks are set differently at different enterprises. It can also be installed individually at the will of the employee.

Lunch break is personal time

The lunch break is each employee’s personal time, so he has every right to do whatever he wants. For example, go to a cafe, to the clinic, shopping, read, sleep. It is important to know that the employer does not have the right to prohibit leaving the workplace during lunch. The main thing is that the employee manages to meet the break time frame.

There are enterprises where employees are forced to have lunch at their workplaces. In this case, the employer is obliged to provide all conditions so that the employee can eat in peace and rest for the time allotted to him. For example, some organizations have designated areas for eating.

An employee can do his immediate work during lunch. There are a number of nuances here. If the employee does this on his own initiative, the work will not be paid. If at the initiative of the employer, then the work must be paid. In the second case, the employee’s written consent is required. Almost all categories of citizens can be involved in overtime work, except for pregnant women and minors, as well as those who have not given their written consent.

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Is this productive?

In modern life, the question of reducing or increasing the working day and, in general, the length of the working week is quite acute. Of course, all state and municipal enterprises are accustomed to the fact that the working day begins at 8 am and ends at 5 pm. Is this productive? And how much can the employee do during this time? Many entrepreneurs are confident that a person can only work well and productively for a few hours. After this, the subordinate is simply distracted. Therefore, with an 8-hour working day, it is difficult for an employee to carry out all the instructions of management competently and quickly.

Not so long ago, in 2010, Mikhail Prokhorov proposed increasing the existing length of the working week by as much as 20 hours. However, no one really supported his idea. After all, in addition to work, a person must rest and do other equally important things.

How to plan your working time correctly

This question is asked by many citizens of our country who have jobs. An 8-hour working day implies that a person must perform certain job duties and instructions from management throughout this entire time. Therefore, it is important here not to be distracted and not to mind your personal affairs. This is especially not worth doing in the case when the head of the organization does not treat his employee very well.

A person must learn to do the most important work first, and then deal with the remaining documents (if we are talking about an office).

Example

Three new employees joined the company at once. Accordingly, the HR specialist had more work to do that needed to be done immediately. In addition, he needed to draw up additional agreements to existing employment contracts. The specialist began to do both, but in the end he didn’t manage to do anything.

Schedule

Every organization or enterprise has a working time schedule. It's called a schedule. It reflects the beginning of the work and its end. It is also necessary to indicate the work schedule in the employment contract with the employee. After all, it is simply unacceptable to infringe on the rights of a citizen. What are we talking about?

Let’s say a person working in an organization has an 8-hour working day. The duration of his work activity must be strictly limited to a given period of time. After which it is unacceptable to detain the employee at the workplace. He has the right to rest and attend to his personal affairs.

In addition, lunch during an 8-hour working day cannot be less than 30 minutes. This rule is enshrined in labor legislation.

Floating time - installation and features

If a person’s day does not have a standardized schedule, and lunch time is not set in strict accordance with the Labor Code or internal regulations, it should not be unused. Any employee cannot do without a break.

Sometimes workers can be distracted by duties and involved in work where it is impossible to do without them. But on the basis of Art. 101 of the Labor Code of the Russian Federation, this should be done occasionally and as necessary.

In this case, the order for the right to distract an employee must be in writing. Before approving the order, it is necessary to notify the employee of the intentions and working conditions.

A floating break schedule can be concluded personally with the employee, prescribing lunch into several parts.

The employer has the right to schedule his time minute by minute and notify his superiors about this information.

At the initiative of the employee or employer, a break may be granted for a certain period.

For example, an employer submits a petition to a trade union to appoint a floating break.

It is indicated that an employee can spend an hour on lunch during the period from 12-00 to 15-00. During this period, the employee can leave the workplace twice.

Labor Code of the Russian Federation. Article 101. Irregular working day An irregular working day is 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. The list of positions of employees with irregular working hours is established by a collective agreement, agreements or local regulations adopted taking into account the opinion of the representative body of employees.

We suggest you familiarize yourself with: What actions should the borrower take after the statute of limitations on the loan expires?

Other categories

As a general rule, the work week is 40 hours. This means that each working day accounts for eight hours. But there are always exceptions to the general rule. For example, for some categories of workers the average working time per day may be less.

Thus, employees of educational institutions cannot perform official duties more than 36 hours a week. Accordingly, their working day will be less than eight hours.

Healthcare workers must work no more than 39 hours per week. Therefore, with a five-day work week, the duration of their official activity per day will be no more than seven and a half hours.

Labor Code of the Russian Federation

16 hours per week - for workers under the age of sixteen;
5 hours per week - for employees who are disabled people of group I or II;
4 hours per week - for workers aged sixteen to eighteen years;
4 hours a week or more - for workers engaged in work with harmful and (or) dangerous working conditions, in the manner established by the Government of the Russian Federation.

The length of working time for students of educational institutions under the age of eighteen who work during the academic year in their free time from school cannot exceed half of the norms established by part one of this article. Federal law may establish reduced working hours for other categories of workers (teaching, medical and other workers). Article 93. Part-time working time By agreement between the employee and the employer, a part-time working day or a part-time working week may be established both upon hiring and subsequently.
The employer is obliged to establish a part-time or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen), as well as a person caring for a patient family member in accordance with a medical report. When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed. Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights. Article 94. Duration of daily work (shift) The duration of daily work (shift) cannot exceed:

for workers aged from fifteen to sixteen years - 5 hours, for workers aged from sixteen to eighteen years - 7 hours;
for students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, aged from
fourteen to sixteen years old - 2.5 hours, from sixteen to eighteen years old - 3.5 hours;
for disabled people - in accordance with a medical report.

For workers engaged in work with harmful and (or) dangerous working conditions, where reduced working hours are established, the maximum permissible duration of daily work (shift) cannot exceed:

with a 36-hour work week - 8 hours;
with a 30-hour work week or less - 6 hours.

For creative workers of cinematography organizations, television and video filming groups, theaters, theater and concert organizations, circuses, media, professional athletes in accordance with the lists of categories of these workers approved by the Government of the Russian Federation, the duration of daily work (shift) can be established in accordance with with laws and other regulatory legal acts, local regulations, a collective agreement or an employment contract.
Article 95. Duration of work on the eve of non-working holidays and weekends The duration of the working day or shift immediately preceding a non-working holiday is reduced by one hour. In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee’s consent, payment according to the standards established for overtime work. On the eve of the weekend, the duration of work in a six-day work week cannot exceed five hours.

Article 96. Work at night Night time is the time from 22:00 to 6:00. The duration of work (shift) at night is reduced by one hour. The duration of work (shift) at night is not reduced for employees who have a reduced working time, as well as for employees hired specifically to work at night, unless otherwise provided by the collective agreement. The duration of work at night is equal to the duration of work during the day in cases where this is necessary due to working conditions, as well as for shift work with a six-day work week with one day off. The list of specified works may be determined by a collective agreement or local regulations. The following are not allowed to work at night: pregnant women; disabled people; workers under the age of eighteen, with the exception of persons involved in the creation and (or) performance of artistic works, and other categories of workers in accordance with this Code and other federal laws. Women with children under three years of age, workers with disabled children, as well as workers caring for sick members of their families in accordance with a medical report, mothers and fathers raising children under five years of age without a spouse , as well as guardians of children of the specified age, may be involved in night work only with their written consent and provided that such work is not prohibited for them for health reasons in accordance with a medical report. In this case, these employees must be informed in writing of their right to refuse to work at night. The night work procedure for creative workers of cinematography organizations, television and video crews, theatres, theatrical and concert organizations, circuses, the media and professional athletes in accordance with the lists of categories of these workers approved by the Government of the Russian Federation may be determined by a collective agreement, local a regulatory act or an agreement of the parties to an employment contract.

Article 97. Work outside the normal working hours Work outside the normal working hours can be carried out both at the initiative of the employee (part-time work) and at the initiative of the employer (overtime work).

Article 98. Work outside the normal working hours at the initiative of the employee (part-time work) At the request of the employee, the employer has the right to allow him to work under another employment contract in the same organization in a different profession, specialty or position outside the normal working hours as an internal part-time job. . An employee has the right to conclude an employment contract with another employer to work on an external part-time basis, unless otherwise provided by this Code or other federal laws. Work outside normal working hours cannot exceed four hours per day and 16 hours per week. Internal part-time work is not permitted in cases where reduced working hours are established, with the exception of cases provided for by this Code and other federal laws.

Article 99. Work outside the normal working hours at the initiative of the employer (overtime work) Overtime work is work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours per accounting period. period. Involvement in overtime work is carried out by the employer with the written consent of the employee in the following cases: 1) when performing work necessary for the defense of the country, as well as to prevent an industrial accident or eliminate the consequences of an industrial accident or natural disaster; 2) when carrying out socially necessary work on water supply, gas supply, heating, lighting, sewerage, transport, communications - to eliminate unforeseen circumstances that disrupt their normal functioning; 3) if necessary, perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) within the normal number of working hours, if failure to perform (non-complete) this work may result in damage or destruction of the employer’s property, state or municipal property or create a threat to the life and health of people; 4) when carrying out temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers; 5) to continue work if the replacement employee fails to appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee. In other cases, involvement in overtime work is permitted with the written consent of the employee and taking into account the opinion of the elected trade union body of the organization. Pregnant women, workers under the age of eighteen, and other categories of workers are not allowed to work overtime in accordance with federal law. Involving disabled people and women with children under three years of age in overtime work is permitted with their written consent and provided that such work is not prohibited for them due to health reasons in accordance with a medical report. At the same time, disabled people and women with children under three years of age must be informed in writing of their right to refuse overtime work. Overtime work must not exceed four hours for each employee on two consecutive days and 120 hours per year. The employer is required to ensure accurate records of overtime work performed by each employee.

Chapter 16. Working hours

Article 100. Working time regime The working time regime must provide for the length of the working week (five days with two days off, six days with one day off, a working week with days off on a sliding schedule), work with irregular working hours for certain categories of workers, the duration of the daily work (shift), start and end time of work, time of breaks in work, number of shifts per day, alternation of working and non-working days, which are established by a collective agreement or internal labor regulations of the organization in accordance with this Code, other federal laws, collective agreement, agreements. Features of the working hours and rest time for transport, communications and other workers with a special nature of work are determined in the manner established by the Government of the Russian Federation.

Article 101. Irregular working hours An irregular working day is a special work regime, 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 normal working hours. The list of positions of employees with irregular working hours is established by a collective agreement, agreement or internal labor regulations of the organization.

Article 102. Working in flexible working hours When working in flexible working hours, the beginning, end or total duration of the working day is determined by agreement of the parties. The employer ensures that the employee works the total number of working hours during the relevant accounting periods (working day, week, month and others).

Article 103. Shift work Shift work - work in two, three or four shifts - is introduced in cases where the duration of the production process exceeds the permissible duration of daily work, as well as in order to more efficiently use equipment, increase the volume of products or services provided. When working in shifts, each group of workers must work within the established working hours in accordance with the shift schedule. When drawing up shift schedules, the employer takes into account the opinion of the representative body of employees. Shift schedules are usually an annex to the collective agreement. Shift schedules are brought to the attention of employees no later than one month before they come into effect. Working two shifts in a row is prohibited.

Article 104. Summarized recording of working time In organizations or when performing certain types of work, where, due to production (work) conditions, the daily or weekly working hours established for a given category of workers cannot be observed, it is allowed to introduce summarized recording of working time so that the duration working hours for the accounting period (month, quarter, etc.) did not exceed the normal number of working hours. The accounting period cannot exceed one year. The procedure for introducing summarized recording of working time is established by the internal labor regulations of the organization.

Article 105. Dividing the working day into parts In those jobs where it is necessary due to the special nature of the work, as well as in the production of work, the intensity of which is not the same during the working day (shift), the working day can be divided into parts so that the total duration working hours did not exceed the established duration of daily work. This division is made by the employer on the basis of a local regulatory act adopted taking into account the opinion of the elected trade union body of this organization.

pros

During a working day, which is 8 hours, an employee manages to do a lot of good deeds and fulfill all the instructions of management, perhaps even visit other institutions. In addition, we should not forget that citizens who work at enterprises on such a schedule can easily go on sick leave or take vacation. They will also not have to work on weekends and holidays. Because their salary is fixed and specified in the employment contract.

The management of an organization always sees the advantages of an eight-hour working day in the fact that subordinates are under their control all this time, which means they will perform their official duties better and will not be able to go home early.

In addition, with such a stable schedule, a person can set aside time for lunch. In an eight-hour working day, it is at least thirty minutes, but in most organizations a whole hour is allocated for this. This period of time is not paid, but the employee gets the opportunity to rest, get distracted, have a normal, leisurely lunch. This is his legal right, which is provided for by labor legislation and the contract. And no one can encroach on it.

Setting the length of the working day is the right of the employer

Rostrud emphasizes that for all other categories of workers the maximum duration of daily work (shift) is not established by law. Therefore, each organization or individual entrepreneur has the right to independently establish the length of the working day in its internal labor regulations. Typically, the working day is 8 hours long with a five-day work week. This is due to the equal distribution of hours (40 hours per week) between all days of the week. However, if the employer deems it necessary to shorten any working day, such as Friday, he may increase the working hours on another day, such as Monday or Wednesday, at his discretion. He can also “scatter” one hour or several hours between all working days.

As an example, Rostrud cites a reduction of 1 hour of work on Friday. Then working days from Monday to Thursday will be increased by 15 minutes. As a result, the organization or individual entrepreneur will work 8 hours 15 minutes on these days (with the exception of preferential categories of citizens). True, if a reduction in the duration of a working day or shift occurs according to the norms of the Labor Code of the Russian Federation, in particular on the day immediately preceding a non-working holiday, then reducing a shift by one hour does not in any way affect the duration of the remaining days.

The work schedule of the organization's employees must be specified in employment contracts and approved by order of the manager.

Minuses

Most people work in enterprises and organizations where an 8-hour working day is established (lunch usually lasts one hour), which is quite convenient. However, many still believe that it would be better to shorten the period of official activity. This is especially true for people engaged in heavy physical labor. This is primarily due to the fact that people get very tired, as a result of which they do not always have time to complete the assigned tasks. For employees this is a minus, but for unscrupulous managers of organizations, on the contrary, it is a big plus. After all, a person who is tired after an 8-hour work day will not demand an increase in position and salary, because he will no longer have free time for this. He is not able to develop and set new goals and objectives.

People who work according to a standard schedule most often spend their free time at home in front of the TV and computer; they do not want to exercise. On the prescribed two days off, they go shopping and pick up a lot of unnecessary things and products. Because after work you don’t always want to go to the supermarket for a new portion of vegetables and fruits.

In addition, office employees gain excess weight very quickly during an 8-hour day. After all, you need to spend all your time sitting at your desk at the computer, and during your lunch break you want to eat something tasty. The movements of such workers are minimal.

People who work 8 hours every day get sick very often. As a result, their income decreases and their expenses increase.

“Simple questions”: does the end of non-working days mean a way out of self-isolation and for whom?

https://www.znak.com/2020-05-12/prostye_voprosy_oznachaet_li_konec_nerabochih_dney_vyhod_iz_samoizolyacii_i_dlya_kogo 2020.05.12

Podcasts

Jaromir Romanov / Znak.com

In the new episode of our podcast, we examine the main mysteries of the president’s speech, in which Vladimir Putin announced the end of a six-week period of non-working days and the beginning of an exit from quarantine. Does this mean the lifting of the self-isolation regime? Is it possible to go for walks and visit your favorite establishments? And most importantly, is it really time to run to your favorite job and where should we put the children?

This time we didn’t invite anyone to our studio, because we listened carefully to the president himself and his subordinates. We also read the governors’ Instagrams. By the way, we’ll explain along the way why if you haven’t signed up for your governor yet, in the current situation it won’t hurt to do so.

All episodes of “Simple Questions” are also available in the “Podcasts” application on Apple devices, on VKontakte and on other services.

UPD from 16:15 Moscow time: Added text version of the podcast.

Is the lockdown over?

No. Vladimir Putin didn't say that. Although it is not surprising that many who heard the president’s words understood him this way. Let us leave the vagueness and floridness of the wording to the conscience of those who prepared them. Why all these six weeks our power has been expressed in some kind of newspeak, although all the terms and mechanisms to which these terms are applicable have long been clearly spelled out in the legislation - this is, in the end, a rhetorical question. We are interested in the main thing, namely, that in fact the self-isolation regime remains in place - as an integral part of those special regimes (or high-alert regimes) that have been in effect in every Russian region since the end of March and all this time. And they continue to act.

Now, where these special regimes have not yet been extended, they are being extended.
Moreover, for quite a significant period of time: for example, in the Sverdlovsk region, where the editorial office of Znak.com is based, the special regime will definitely be in effect until May 18. And in neighboring Chelyabinsk - until May 31. Therefore, attention, this is especially important!
— the restrictions provided for by the high alert regime in each specific region will continue. And for violating these restrictions, administrative penalties are imposed. I remind you that back in April, the Presidium of the Supreme Court of Russia issued clarifications, from which it follows that they should be punished mainly under Article 20.6.1 of the Code of Administrative Offenses of the Russian Federation. We devoted one of our previous podcasts to this issue and noted that the article provides for a fine for citizens of up to 30 thousand rubles for a single violation and up to 50 thousand for a repeated violation. Theoretically, you could be given a simple warning, but, as a review of practice has shown, courts more often choose what they may think is the golden mean in the form of 15 thousand rubles. But 15 thousand is, of course, also money, especially now, when many people’s incomes have dropped significantly due to the coronavirus crisis.

“Simple questions”: under what law should fines be imposed for violating the self-isolation regime?

Yes, here it is probably also important to note that in many, if not all regions, there was definitely at least someone who tried to challenge the decision to introduce a special regime in their region. But in no region has such a decision been declared illegal and ineffective. Simply because there have been no court hearings yet. That is. No matter how indignant you and I may be and exude righteous anger about the restriction of our constitutional rights not even by federal, but by regional officials, at the moment there is simply physically not a single judicial act that would confirm our rightness and the wrongness of those who are introduced strange special modes. And if so, we have to admit that the claims of police officers, the National Guard, and representatives of other structures against violators of self-isolation are a priori legitimate. And in the subsequent analysis of administrative protocols drawn up against violators, the courts take this into account. We must keep this in mind.

Do regions have the right to soften restrictions in force on their territory?

Yes, there is, and the regions have begun to take advantage of it. Already today, if you look at the feeds of federal news agencies, you can see a real kaleidoscope of relaxations. In some regions they allow running and walking in parks, in others they allow hairdressers and some other consumer service facilities to operate; somewhere, it seems, in Kaliningrad, if I’m not confusing anything, it seems that shopping centers should even open.

It's important to keep three things in mind here. The first thing, which, by the way, Vladimir Putin also said. There cannot and will not be a one-time lifting of all restrictions. Not at once from the point of view of the set of areas in which these restrictions were once introduced. Not in terms of geography. That is, everything will not be opened at once, and the entire country will not emerge from quarantine at once. Each region will open and lift restrictions in its own way, perhaps acting with an eye on other regions, neighboring ones, or Moscow itself. They, that is, the regional authorities, were authorized by the federal authorities to do just this.

The second thing is precisely what the regional authorities will be guided by in deciding when and what restrictions to lift. Last week, Rospotrebnadzor was finally honored to present accounting indicators, based on which regional authorities will be able to begin a three-stage (!) lifting of these same restrictions. And as far as can be judged from yesterday’s speeches by both the president and Deputy Prime Minister Tatyana Golikova, who heads the government’s operational headquarters to combat COVID-19, this tactic remains in force.

Just yesterday, shortly before the broadcast with Putin, our journalists prepared a set of open data on all six regions of the Ural Federal District, did the calculations and found out that none of the six Ural regions have yet even approached the first stage of lifting restrictions.
And at this stage, physical education and sports in open spaces, walks with children, and the operation of retail and service facilities of a limited area and with social distancing will become possible. However, if for the country as a whole, then, according to the same Tatyana Golikova, as many as 22 regions may well begin the first stage of lifting restrictions, and another 11 - move directly to the second, when, for example, the work of larger-format trade is allowed, though , with restrictions on the simultaneous presence of people in the trading floor. We count the total - in any case, these are only 33 regions out of 85 (including Crimea and Sevastopol). And even in these regions we are not talking about a complete lifting of restrictions. Moreover, in the kaleidoscope of local news mentioned above, we see and read that some regions are even introducing new restrictions related to the prevention of coronavirus and the fight against its spread.
We are mainly talking about wearing masks and gloves in public places, for violation of which there are also penalties. In Yekaterinburg, for example, the mayor threatened to remove from bus routes those private carriers that allow the transportation of people without medical masks. The decision, of course, is again one of the “let’s bomb Voronezh” series, and, thank God, there has not yet been a single such case, that is, a case of removing the carrier and its buses from the route. But this is an illustration of the fact that restrictions in one way or another continue to apply.

And the third thing, and maybe even the fourth, which is important to note. The President said directly yesterday that “the increased security regime must be maintained for people over 65 years of age, as well as for those who suffer from chronic diseases.” From which we conclude that even if the regions, say, tomorrow or in a week, all begin to meet the parameters for exiting quarantine that Rospotrebnadzor established, there are categories of people - Putin himself named them - for whom self-isolation will not end and will not end, apparently for a long time yet.

Is it still impossible to go and sit in your favorite cafe?

It’s impossible, I’ll tell you with sadness. If you look at the same output parameters that I have already mentioned several times, then you will be able to go to your favorite cafe, as well as your favorite gym, favorite theater only at the final, third stage of lifting restrictions. And yet it is not even visible on the horizon. Here, of course, I want to exclaim: “Favorite cafe, hold on!”, but you need to understand that not all favorite places have a chance to hold out and survive until the moment they resume work. Alas, this is a harsh reality that we, consumers of services, and, of course, those who provide these services to us, must come to terms with. All we can do is sympathize with them in every possible way and wish to deal with all this quickly and, in the case of a worst-case scenario, come up with something new that we will also love.

Does the end of non-working days announced by Putin mean that everyone can and should go to work?

The answer, as you understand, is no. You probably can’t go to work either, if you haven’t worked before. This is another “trap” of the appeal made today (I’ll probably wisely refrain from using the word “trap”). Yes, on the one hand, the president announced the end of non-working days for all industries. This is almost a direct quote; all these words have been heard and, of course, noted for themselves in one way or another. As expected, many were happy about this: last night, near my house, fireworks were being fired every now and then, and it was unlikely that they were the remnants of Victory Day - rather, they were shooting specially reserved for the event of victory over the coronavirus and all this nightmare. But no: as it turned out, the president did not mean exactly what the majority heard. And from his words it does not at all follow that if May 12 became the first officially working day, your enterprise should resume work, which means you had to go to work in the morning, like in the good old days.

Why?
Namely because the decree (or order) of your governor (or the decree of your regional government) on that very high alert regime has not been canceled. Let me remind you that this document continues to be in force. And this document, in case anyone has forgotten, suspends the activities of enterprises and organizations - with the exception of those that were allowed to operate. Yes, over time, regional authorities introduced some relaxations. In the Sverdlovsk region, for example, in mid-April, hairdressers were allowed to operate. And there is no doubt that the same thing will happen this time. But, as we have already heard, not immediately, not simultaneously and not everywhere, otherwise the very principle of the three-stage lifting of restrictions will be violated. Our Sverdlovsk governor wrote on his Instagram yesterday that only based on the epidemic results of this week they, that is, the authorities of the Sverdlovsk region, will think about which enterprises can be allowed to resume work.
Once again: they will think what. That is, obviously not everyone! In general, of course, this is another oddity. On the one hand, the conditional me must be at work, because, I repeat, from May 12, non-working days ended and working days began, and on the other hand, I do not need or cannot go to work, because my conditional employer is still not allowed to start working process and bring workers to work.

Of course, you won’t envy him, the employer, either, because the president demanded that he continue to keep my salary - now for my non-work on weekdays. But if you dig even further, other questions arise. For example, from the point of view of labor legislation, is my failure to appear on working days a reason for a penalty or even a reason for my dismissal? Good question, right? Or here’s another thing: ok, what should we do if the boss takes us to work, but the kindergarten or school where my preschooler or schoolchild son went in normal, peaceful times is still not working? And they will earn money only at the third stage of lifting restrictions, which, as we have already found out, is formally still far away.

By the way, if you are already faced with the fact that your boss is eager to fight (and personally, I understand him perfectly well), still, if possible, remind him of the ongoing operation of the special regime. This means about the likelihood of being subject to sanctions in connection with its violation. In one of the episodes of our podcast, we already cited a lawyer’s reminder that for legal entities (that is, enterprises), fines under Article 20.6.1 of the Code of Administrative Offenses are much more significant than for citizens. Maybe this reminder will force your employer to act more carefully, although - I repeat once again - no one will probably even dare to condemn the owners and directors now. However, situations are different.

So, everything now depends on the governors?

The answer is yes. Everything is decided by governors and sanitary doctors, with whom governors consult before making decisions. We have already noted that the era of coronavirus has suddenly brought federalism back to Russia, or, if you like, the game of federalism. The country is really big, all the regions have their own specifics, and to manage quarantine from Moscow in some Tuva or even Kaluga is, well, so-so, first of all, from the point of view of efficiency. But the stakes are still quite high: let me remind you that just today our country took second place in the world in the absolute number of confirmed cases of coronavirus. Before this, it overtook China, Iran and Turkey, and now Italy, Britain, and Spain. The only thing ahead is our eternal geopolitical enemy - the United States.

So, you really can’t envy the governors, because after yesterday, their roles were assigned clearly and unambiguously.
In the Kremlin or in Novo-Ogarevo there is a man who makes people happy with the announcement of the end of six weeks of non-working days (what this actually means - we discussed above) and distributes money (hello to 27 million, it seems, Russian families who were blessed with one-time and other payments). And in general he addresses the audience with the words “my dear ones.” And the governors will have to carry out a very tricky order to lift restrictions and end the non-working days regime.
They will have to pass between Scylla and Charybdis, which, it seems, Putin also mentioned yesterday. On the one hand, it is necessary to save the economy and people from lack of money and imprisonment within four walls, and on the other - and Putin especially emphasized this - to prevent a breakdown into pestilence and plague, that is, into a new deterioration in the epidemic indicators. Every or almost every governor now has his own account on Instagram, and it’s not hard to imagine the level of criticism and simple hatred towards regional authorities there now. And against this background, regional authorities will now have to act.

I said this, of course, not to feel sorry for the governors - I definitely don’t feel sorry for them. But we all need to see the real picture more clearly. Be objective. By the way, if you have not yet subscribed to your governor’s Instagram, I advise you to do so, because, as practice has shown, this is one of those really working channels through which information about the content, nature, features, timing, and reasons for restrictions comes literally first-hand operating in your region. And why this information is so important (and important right now), we have just discussed.

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Alexander Polozov

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In what cases can the working day be reduced?

Normally, in a 40-hour week, the working day is 8 hours. This time does not include a lunch break, that is, it is not paid. Before a holiday, working hours should be reduced by one hour. This rule is enshrined in the Labor Code. In addition, persons who work part-time for another organization must work there for no more than four hours. On days off they are allowed to work a full shift.

In addition, the eight-hour working day may be reduced for certain categories of employees. For example, for pregnant women, mothers with children under 14 or disabled people under 18, people caring for sick relatives. Citizens who are on parental leave but are forced to continue their work activities should be assigned a part-time working day (4 hours).

Preferential categories of employees with adjustable working hours

The norms of the Labor Code of the Russian Federation establish a special working day (shift) for the following categories of workers:

for minors aged 15 to 16 years - maximum 5 hours,
for minors aged 16 to 18 years - maximum 7 hours;
for persons undergoing training in secondary vocational educational organizations, aged 14 to 16 years - a maximum of 2.5 hours;
similarly for students aged 16 to 18 years - a maximum of 4 hours;
for disabled people - in accordance with medical recommendations;
for workers with harmful and (or) dangerous working conditions with a 36-hour work week - 8 hours;
for workers with harmful and (or) dangerous working conditions, if they have a 30-hour work week or less - 6 hours;
for employees driving vehicles - according to a special schedule established by law for a specific type of transport.

Important

Despite the fact that most people work in enterprises for 8 hours a day, their work efficiency does not increase. Because employees who have a stable salary, regardless of productivity, are not interested in fulfilling their job responsibilities more quickly. Because this does not affect their wages. This is despite the fact that all official activities are under the control of management. A lunch break in an 8-hour working day should be at least thirty minutes, but not exceed two hours.

All employees working in this mode have the right to vacation and sick leave. The latter’s payment will depend on the subordinate’s length of service.

A citizen who works eight hours a day cannot always immediately complete the tasks assigned to him. But even in this case, the head of the enterprise cannot detain him in place after the end of working hours.

Working hours: rules for scheduling the middle of the day

1. Prepare your desk for work. Remove all unnecessary papers from the table for solving problems of group A. There should be no more than six documents on the desktop at the same time. This is psychologically justified: firstly, extra papers consume time, and secondly, order on the table stimulates order in thoughts.