Additional payment for work in rural areas: the law regulating payments, who is paid

A woman works in a rural area, what benefits does she have?

Firstly, the right to be granted, upon written application, one additional day off per month without pay. If a woman submits such an application, the employer has no right to refuse her.

Young professionals can also receive a preferential loan for the purchase or construction of their housing in rural areas for a period of 10 years at 5% per annum.

The establishment of benefits for women working in rural areas is due to the need to retain personnel in rural areas, create better living conditions for them, and overcome the difficult demographic situation in rural areas.

Borshchevka, *** at the same time, the working hours are set - the normal working hours are 40 hours a week.

Employer's liability

The legislation clearly establishes the right of women working in rural areas to a 36-hour work week. If this right is not respected and a woman works 40 hours, she can count on compensation for overtime.

However, in this case, it is necessary to take into account the terms of the employment contract. If a woman voluntarily signed a contract, agreeing to a 40-hour week and a certain payment, then she will not be able to receive any compensation.

Are there mortgage benefits for the birth of a third child? Information here.

Are there property tax breaks for families with many children? Details in this article.

Other benefits were not transferred to the labor code

That is, a woman who works in a village - and not necessarily in agriculture - will work 36 hours, but receive the same salary as 40. For the rest of the time she works, she needs to be paid at an increased rate.

The purpose of the Resolution is to create favorable conditions and support the demographic situation in rural areas. D. has nothing to do with rural areas, since he lives in the city of Kotovsk, ... Tambov region. LLC "***" is a socially oriented enterprise that respects the rights of employees.

Important! Federal legislation provides exemption from paying land tax to owners of plots whose size does not exceed six acres (600 sq. m.). Regional benefits allow you to further reduce the area of the plot for calculating the tax base.

The resolution is intended to protect childhood and motherhood in villages. It contains the relevant rules and regulations. For example, it prohibits the involvement of girls of childbearing age in production involving harmful and toxic chemicals.

Thirdly, a woman working in rural areas has the right to an increased wage if her working day is divided into parts.

Public sector employees (for example, doctors or teachers) cannot qualify for additional payments. The tax legislation of the Russian Federation provides for a relaxation in the payment of mandatory fees for various categories of the population.

The state is taking various measures to improve the situation of women in the Russian Federation, with special attention paid to rural workers.

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Medical care at the place of employment at the expense of the employer.
Special food for employees of surgical, intensive care and radiology departments.
Working day shortened to 24, 30, 33 or 36 hours per week (according to specialist categories).
Additional paid days for vacation:

14 days - to employees of AIDS treatment departments and tuberculosis dispensaries;
21 days - for radiologists;
35 days - to employees of psychoneurological dispensaries.

Benefits for women working in rural areas

The arguments of the complaint of LLC "***" about missing the deadline for bringing to administrative responsibility are unfounded and are refuted by the above provisions of the law. Consequently, the resolution on bringing the company to administrative liability dated August 11, 2020 was issued within the time limits established by the provisions of Article 4.5 of the Code of Administrative Offenses of the Russian Federation.

The deputy noted that the corresponding question was directly asked by the Chairman of the State Duma to the Prime Minister Dmitry Medvedev. The question, Andrei Isaev pointed out, “expressed the position of deputies categorically against the abolition of shortened working hours for women working in rural areas.”

Regional authorities are developing their own programs to support rural residents. Federal and regional benefits may have one direction. However, the provision of preferences should not be duplicated.

The state guarantees every citizen assistance in creating conditions that ensure a decent existence (Article 7, Constitution of the Russian Federation). The Labor Code of the Russian Federation assigns privileges to certain categories of rural workers in the form of a shortened working week and additional leave.

What to do if a lady is not allowed to work in a specific position, but she works, and an employment contract has been concluded with her a long time ago?

Working hours of women in rural areas

Is it true that women who work in rural areas have a shorter work schedule? Let's consider all the details of this issue from different angles, because awareness of one's own rights and responsibilities helps people avoid unnecessary scandals about the unvaluedness of their work or complaints about the injustice of life.

This is important to know: Shortened working days in 2020: today is a shortened working day or not

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And take extra days off

However, these benefits are not mandatory and are established by regional authorities at their discretion. In addition, other benefits may be provided regarding both working/leisure conditions and housing and communal conditions.

The benefit introduced into the Labor Code of the Russian Federation may be useful for female employees of commercial institutions, since their managers prescribed a shortened “women’s” day at their discretion. At the same time, owners of, for example, farms most often hire employees at 0.5 times the rate, so they have no need for a shortened week.

Legislation provides certain benefits for women working in rural areas. They consist primarily of a shortened working week. Other preferences are determined at the regional level and vary in each subject of the Russian Federation.

In fact, the guarantees are not new, but they have only recently appeared in the labor code. This is why this happened and why women in villages can work less for the same money.

Benefits for workers in rural areas

At the same time, specific positions and professions are not important. Population doesn't matter either. There are villages that are not inferior to cities in terms of numbers and infrastructure. A saleswoman in a village store, a milkmaid on a farm, a teacher in a village school and the chief accountant in a meat processing plant can enjoy additional labor rights. It is worth noting that the new article of the Labor Code of the Russian Federation will apply to employees of both budgetary and commercial organizations. In this sense, the new law can be very useful, since previously commercial companies had the right to establish “Women's Day” at their own discretion.

For example, it prohibits the involvement of girls of childbearing age in production involving harmful and toxic chemicals. For example, she lives within the city and commutes to work in the countryside.

Work performed in excess of the reduced number of working hours during the accounting period (month, quarter) during shift work is also paid at an increased rate.

The main legislative acts regulating the 36-hour period of employment of women in rural areas are:

Labor Code of the Russian Federation - Article No. 92 of the Labor Code of the Russian Federation;
Resolution of the Supreme Court of the RSFSR dated November 1, 1990.
Article No. 423 of the Labor Code of Russia on the admissibility of applying decisions of the Supreme Council and legislative acts of the USSR in our days;

But the Soviet decree, along with another 26 thousand normative legal acts from the times of the USSR, fell under the influence of the “regulatory guillotine”. That is, the authorities decided to clear the debris in legislation, getting rid of morally outdated and often contradictory legal norms.

As a result of an inspection of compliance with labor legislation carried out by the labor inspectorate at the request of D. in relation to this employee, the following was revealed.

But at the same time, he proposes to further discuss the conflict associated with this norm. Should it apply to rural women who work in company offices rather than in the field or on the farm? Is it necessary to separate office work in rural areas from peasant labor itself? “There is no ready-made solution yet, but the problem is obvious,” says Nilov.

Benefits in rural areas in 2020

Thus, it is proposed to amend Part 2 of Art. 262 of the Labor Code, which regulates additional guarantees for persons caring for disabled children and women working in rural areas.

But if a change in the workload is necessary to preserve the health of the expectant mother, then the administration is obliged to transfer her to another job (without unfavorable production factors) or reduce the production/service norm (but the time norm, that is, the duration of the work shift, will remain the same).

There is always plenty of work for everyone in the village. Female workers are entitled to a shortened working day, regardless of what job function she performs.

Women who work in the Far North and equivalent areas (at absolutely any job) work not 40 hours a week, but only 36 hours.

The resolution on village women was not duplicated in the Labor Code of the Russian Federation, and if it had been cut off by the “guillotine,” then village women would have been left without benefits.

Benefits and guarantees were introduced back in 1991 by Resolution of the Supreme Council of the RSFSR dated November 1, 1990 No. 298/3-1 “On urgent measures to improve the situation of women, families, maternal and child health in rural areas.” Some of them were in other documents. Now all of them have been transferred to the Labor Code of the Russian Federation, where a new article 263.1 has appeared.

In towns and villages, women can work 36 hours a week. In this way, the state is trying to facilitate women’s work, which in rural areas is often difficult and harmful. And their living conditions are more difficult than in the city. This affects women's health and demographic situation.

Arbitrage practice

Courts, considering such practical situations, also believe that in such a case overtime work occurs.

Overtimed hours are subject to payment in the manner and amount established by the norms of Art. 152 Labor Code of the Russian Federation.

For example, this can be seen in the following court rulings:

If the employment contract stipulates a 36-hour working day, then additional payment for overtime may be accrued to you, in accordance with the accounting documentation of the enterprise, but never reaches the recipient.

Failure to pay wages to an employee is an administrative offense that is long-term and valid throughout the entire term of the employment contract.

This means that if you go to court and depending on the period for which the employment contract was signed, you will be able to get your money back for many months, or even years, of underpayments.

But there is a certain statute of limitations during which you can go to court to demand the return of your earned money - 3 months.

If you have not gone to court within this period, then this state of affairs suits you, the founders of the laws believe.

Thus, the faster you solve your problem, the more profitable the situation will be for your wallet and nerves.

Women who work in rural areas are required by law to work a shortened working week, but receive pay as if it were a full week.

All other time worked must be paid separately as overtime.

Now you know what to do in a situation where the employer refuses to recognize the rule of law. Appreciate your work.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Benefits for women working in rural areas

A shortened work day must be properly specified in the contract in the “Working hours” column. It is installed automatically at work; no statements about this need to be written to the manager.

The employer is obliged to offer a job and pay benefits, because he himself is to blame for concluding an employment contract with violations: he knew for sure that he was hiring a lady.

Firstly, you can receive one additional day off per month upon written request. True, without saving payment. However, the employer no longer has the right to refuse in this case.