In labor relations, one of the central issues is the issue of working time.
International Labor Organization (ILO) conventions define working time as the time during which a worker is at the disposal of the employer[1]. The Labor Code of the Russian Federation is not so categorical and defines working time as the time during which an employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties (Part 1 of Article 91 of the Labor Code of the Russian Federation).
According to Art. 37 of the Constitution of the Russian Federation, limiting the maximum working time is a guarantee of the right to rest. Therefore, Part 2 of Art. 91 of the Labor Code of the Russian Federation establishes that the limit of normal working hours is 40 hours per week.
The easiest and most convenient way to monitor an employee and keep track of working hours is when the employee is in the office, from Monday to Friday, from 09:00 to 18:00 with a lunch break from 13:00 to 14:00. But the activities of an organization often require the use of other working hours.
In this article we will look at what tools for regulating and recording working time are offered by the Labor Code of the Russian Federation.
Note! Since June 29, 2020, some norms of the Labor Code of the Russian Federation regarding working hours and wages have been in force in a new edition.
THE EMPLOYEE WORKS OUT OF THE OFFICE
As a general rule, during the working day an employee must be on the employer’s premises and perform his job functions. But if the employer has a goal, for example, to save on costs (rent of premises, utilities), he can use other forms of work organization that do not require the presence of an employee.
The traveling nature of work is widespread , when an employee performs a labor function, moving from place to place (for example, from client to client) (Article 168.1 of the Labor Code of the Russian Federation). This is how service engineers and sales managers can work, for example.
Home work is often encountered (Chapter 49 of the Labor Code of the Russian Federation), when a worker makes some products directly at home, for example, knitting or sewing.
Not long ago, the concept of remote work (Chapter 49.1 of the Labor Code of the Russian Federation). This type of work is used in cases where the employee can perform duties outside the employer’s territory, and the interaction between them is organized via the Internet. These could be, for example, programmers, lawyers, translators, writers, designers, etc.
All these types of labor organization are united by the fact that the employer does not see the employee, but his obligation to record the working time of employees does not disappear (Article 91 of the Labor Code of the Russian Federation). In this regard, questions arise with filling out time sheets.
As practice shows, organizations can treat working time recording in a given situation differently.
Option 1. The employer allows employees to use working time at their own discretion, controlling only the results of work.
Option 2. The employer requires employees to be on call for a certain time or to be in touch at certain hours (for example, by phone or Skype), submit written reports on the use of working time, periodically appear in the office for reporting, etc. In In this case, the personnel service fills out a time sheet based on information received from the employee and his supervisor.
Option 3. The employer controls all of the employee’s working hours. To do this, he uses not only the methods mentioned in option 2, but also installs special tracking tools:
• connects operator services to corporate mobile phones, allowing you to track the movement of employees;
• uses miniature satellite beacons that allow you to determine the exact location of service vehicles at any time.
How to stop working after hours
Roxana Nesterova |
06/2/2015 | 281 Roxana Nesterova 06/2/2015 281
Workaholism is a disease that can and should be treated. By following certain rules, you can forever forget about working after hours and stress in the workplace.
According to the results of a survey conducted on one of the Russian job search sites, only a third of respondents go home immediately after finishing an eight-hour working day. Approximately 21% spend from 9 to 12 hours a day at their workplaces, 6% more than 12 hours. There are also those who literally work until they drop seven days a week (3%).
If you are a forced workaholic for whom overtime does not bring either moral or material satisfaction, it’s time to correctly prioritize in your life, learn to delegate authority and finally forget about what extracurricular work is .
We offer an algorithm of actions , after implementing which you will forever forget about what recycling is.
Step 1: Find out your job responsibilities
Overwork is especially common among young professionals who, not knowing their job responsibilities, but wanting to establish themselves in a new team, are ready to move mountains and work overtime.
It is useful to know your job responsibilities
However, mature people who have already achieved a lot in their profession also often sacrifice their personal time for work.
In order not to work idle and not shoulder the responsibilities of lazy colleagues, first of all you need to study the staff responsibilities in detail.
Step 2. Maintain your self-esteem at the proper level
Many are willing to work without breaks or days off just to increase their own value in the eyes of their superiors.
However, such behavior can lead to the fact that management will soon begin to take all efforts for granted, and the trouble-free employee as a workhorse on which they can throw everything and a little more.
In Sweden, there is an unspoken rule: if a worker does not fulfill the quota for a shift, it means that he worked poorly; if he exceeded the plan, that is also bad, because in order to achieve such a result, he had to violate certain technical standards.
To prevent this from happening, simply carry out your duties and do not rush to help slower colleagues.
Step 3: Learn to say no
When deadlines for a project are tight, of course, you can, together with your other colleagues, work overtime for a couple of evenings and subsequently receive a worthy bonus for it, or at least words of gratitude. However, you should not systematically take work home .
The ability to say “no” will help you avoid nervous breakdowns. If everyone in your team works overtime, think carefully about whether it is worth holding on to such a job at the expense of your health.
Step 4. Learn to delegate responsibilities
Not only ordinary employees suffer from overwork, but also top and middle managers who are afraid to delegate some of the work to others.
However, you should not underestimate your colleagues and assume that they are not able to cope with the tasks assigned to them. If, however, they do not have enough qualifications, it makes sense to spend a couple of hours training them, so that you can then proceed with more important tasks with peace of mind, and delegate less responsible tasks to employees.
Delegate less important tasks to your subordinates
In addition, the boss should not do the work of his subordinates so as not to lose his status.
It is important to interest your subordinates so that the fulfillment of the task assigned to them, if not pleasing, then at least does not cause protest.
Step 5. Remember the Japanese
The Japanese are one of the most hardworking nations. Every year, dozens of Japanese people die suddenly at work from fatigue and overwork. This phenomenon is called "karoshi".
The main causes of karoshi are stroke or heart attack as a result of stress.
A record number of karoshi victims - 143 - was recorded in 2001.
Cases of suicide due to stress in the workplace - “yaroisatsu” - are also common in the land of the rising sun.
Work should not occupy the main place in a person's life. There are other, much more important and interesting things: household chores and chores, the success of children and grandchildren, travel, hobbies, health...
When you decide to take your next job home, just think about the Japanese.
Career
THE EMPLOYEE WORKS LESS THAN 8 HOURS PER DAY
Part-time work is becoming increasingly popular. Employers are not willing to pay for a full day's work if a function can be completed in a few hours. In this case, you can use a tool such as part-time work (Article 93 of the Labor Code of the Russian Federation).
Mandatory part-time work is established for part-time workers by virtue of Art. 284 Labor Code of the Russian Federation. But even at the main place, an employee can work part-time, that is, on a part-time basis. The main thing is that both parties to the employment contract agree to this[2].
However, in some cases, a request for part-time work by an employee is obligatory for the employer. Conversely, sometimes an employer can establish part-time working hours of his own free will (and thereby save wages).
Thus, the partial time is set:
1) by agreement of the parties (for example, for part-time workers) (Part 1 of Article 93 of the Labor Code of the Russian Federation);
2) regardless of the employer’s consent (Part 2 of Article 93 of the Labor Code of the Russian Federation) at the request of:
• pregnant woman;
• one of the parents of a child under 14 years of age (disabled child under 18 years of age);
• a person caring for a sick family member in accordance with a medical report;
3) at the initiative of the employer - in the case specified in Part 5 of Art. 74 of the Labor Code of the Russian Federation (to avoid mass layoffs of workers).
Part-time working time must be distinguished from reduced working time , which is set by the employer based on the requirements
legislation.
According to Art. 92 of the Labor Code of the Russian Federation, a shortened working day is established for the following categories of workers:
• minor workers (Article 271 of the Labor Code of the Russian Federation);
• disabled people;
• workers with harmful and (or) dangerous working conditions (Article 94 of the Labor Code of the Russian Federation);
• women working in the Far North and equivalent areas (Article 320 of the Labor Code of the Russian Federation);
• workers of certain professions (for example, doctors - Article 350 of the Labor Code of the Russian Federation, teachers - Article 333 of the Labor Code of the Russian Federation).
The key difference between shortened working hours and part-time work is that, as a general rule, with shortened working hours, employees are paid a full salary. For part-time work, the salary is calculated in proportion to the time worked. The exception is minors, who are given a shortened working day, but payment is calculated in proportion to the time worked (Article 271 of the Labor Code of the Russian Federation).
Limitation of working hours
As a general rule, the Labor Code of the Russian Federation does not establish a maximum value for the duration of the working day. The following cases are exceptions (Article 94 of the Labor Code of the Russian Federation):
• minor workers - depending on age;
• disabled people - in accordance with a medical report;
• workers with harmful and (or) dangerous working conditions;
• some categories of creative workers according to the list established by the Government of the Russian Federation;
• workers working on a rotational basis[3].
Thus, if workers do not belong to these categories, their working day may be more than 8 or even 12 hours.
Standard working hours for part-time employment
Order of the Ministry of Health and Social Development of Russia dated August 13, 2009 No. 588n established the Procedure for calculating the norm of working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working time per week, including for part-time and shortened working hours:
Work question: Why do bosses write and call after hours?
At first I worked on a federal television channel as an assistant director of a talk show. But then I was offered more pleasant conditions: working on a business project mostly from home, with a slightly higher salary. Without thinking twice, I gave up my TV career and went into the project. It was a business community, a club with membership fees, events, self-development courses, startup accelerators and Napoleonic plans to create an entire business ecosystem. I did everything that was somehow related to journalism: I took photos and videos of meetings, managed all the social networks of the community, social networks on behalf of its founder, prepared articles, edited the website, compiled a newsletter, wrote announcements, processed dozens of hours of already filmed video material, I compiled a digest of articles for several months, designed all sorts of pictures, covers, ordered banners for broadcasts and what not.
All this was not enough, and I constantly had the feeling that everyone had somehow managed it before me, but now for some reason I couldn’t cope in their place. Due to constant pressure, I stopped seeing friends, and spent the New Year holidays working instead of communicating with my family. I sat at the computer from morning to night on weekdays and weekends, thinking that if I didn’t do all this, I would be misunderstood. At the same time, we could have work calls on Sunday at eight in the morning, on weekdays at eight or nine in the morning, they could send me some kind of assignment for tomorrow at 23:00, and I immediately took it upon myself to do it. The founder of the project, for which I managed Instagram on his behalf, always gets up at 04:30 and insists that his posts must be published no later than 08:00 - so I set the alarm for 07:30 even on weekends and without waking up , was putting together a post.
The following situation was the icing on the cake. I forgot about one of the calls on Sunday at nine in the morning and got ready for a paid game with friends, they were supposed to come pick me up. When I remembered at the last moment about the call and asked to either keep the conversation short or reschedule, they told me that I had screwed up and hinted that cooperation with me was now in question. In order to somehow save the relationship, I suggested that the very first week that I combined with TV should not be counted in my salary, and they told me that this was a very adult decision.
The last straw was when I worked almost the whole day in vain, because part of my work turned out to be unnecessary, and the other part was “oh, I already did it myself, oh, it wasn’t saved, do it now.” I freaked out so much that I left the project for nothing. As a result, I was called the PR manager of the InternetUrok home school, and I reconsidered my attitude towards the office and hiring. Yes, this weekend my boss called me at 20:00 because he needed to check the connection before going on air. And this is the case when I won’t freak out, because this call is a positive result of my work, and not another violation of my boundaries.
THE EMPLOYEE NEEDS TO STAY AT WORK
Another common situation is that an employee is required to stay late at work sometimes, for example, on days when important reports are due.
The Labor Code of the Russian Federation provides for two options for working outside working hours: overtime work and irregular working hours (Articles 97, 99, 101 of the Labor Code of the Russian Federation).
These two options have similarities. So, in both cases, an employee can be involved in work:
• outside working hours;
• occasionally;
• by order of the employer.
But there are still more differences:
1) overtime work is compensated by increased pay or the provision of rest time, and irregular working hours by additional leave of at least three days (Article 119 of the Labor Code of the Russian Federation);
2) involvement in work within the framework of irregular working hours does not require special accounting. Overtime work must be reflected in the time sheet;
3) in relation to overtime work, the Labor Code of the Russian Federation sets limits - 4 hours for two days in a row and 120 hours per year (Article 99 of the Labor Code of the Russian Federation). If an employee is involved in work beyond the limit (even with appropriate payment), the inspection authorities will recognize this as a violation. There is no such restriction for irregular working hours. Since no documents are drawn up about being hired to work long hours, workers, as a rule, are unable to prove that they were recruited to work unreasonably[4];
4) to attract overtime work, there is no need to change local regulations, and to establish irregular working hours, it is necessary to make changes to the internal labor regulations - establish a list of positions and the number of vacation days (Article 101 of the Labor Code of the Russian Federation);
5) unlike overtime work, irregular working hours must be fixed in the employment contract (as well as the duration of additional leave for work in this mode).
Note also that some employees may refuse to work overtime, so the employer must notify them of this possibility. Such employees include (Articles 99, 259, 264 of the Labor Code of the Russian Federation):
• disabled people;
• women with children under three years of age;
• mothers and fathers raising children under 5 years of age without a spouse;
• employees with disabled children;
• workers caring for sick family members in accordance with a medical report.
At the same time, some workers are completely prohibited from being involved in overtime work, for example (Articles 99, 203 of the Labor Code of the Russian Federation):
• pregnant women;
• persons under the age of 18;
• employees during the period of validity of the apprenticeship contract;
• disabled people, if their individual rehabilitation program prohibits this, etc.
Driver
In public transport, as in any other place where people are in large numbers, there is an increased risk of contracting coronavirus infection. To minimize social contacts, citizens are switching to personal vehicles, car sharing, and taxis.
If you have a license, you can get a job as a driver. There are currently more than 2,000 vacancies in Moscow whose descriptions include the word “driver.” The responsibilities are different: in some places you need to transport managers to work, in others you need to deliver documents or tests. Salaries are also different: somewhere around 50,000 rubles a month, and somewhere around 120,000 rubles. Most of the money is promised to owners of their own cars.
“I’m not afraid of the virus.” Couriers about work and safety measures during a pandemic Read more
THE ORGANIZATION WORKS ROUND THE CLOCK OR MOST OF THE DAY
To organize the work of workers around the clock or 12–16 hours, labor legislation offers the following tools:
• shift work;
• working days of a duration established by the employer with sliding days off.
Let's look at the differences between these ways of organizing work.
According to Art. 103 of the Labor Code of the Russian Federation, shift work is necessary in order to ensure a non-stop production process. That is, it is assumed that one group of workers replaces another during the working day of the organization. If the working day of employees begins simultaneously with the opening of the organization and ends with the closing, these are not shifts, but working days.
In both cases, the duration of a shift or an employee’s working day can be 8 hours, less or more.
If the duration of a shift or working day exceeds 8 hours, then this is a reason to apply summarized recording of working hours to ensure compliance with working time standards during the accounting period.
Also, in both cases it is necessary to draw up schedules - either work or shifts. In this case, it is necessary to comply with the legal requirements regarding inter-shift and weekly rest, procedures for changing the schedule and familiarization with it, etc.
Since the rules for drawing up a work schedule are not specifically regulated by law (Article 103 of the Labor Code of the Russian Federation speaks exclusively about shift work), in the event of a dispute the court can apply the rules on the shift schedule[5].
Shift work
Work according to a schedule and summarized recording of working time are also used in the rotational method of organizing work (Articles 300, 301 of the Labor Code of the Russian Federation). But there is one peculiarity. As a rule, the duration of the working day with a shift work method is more than 8 hours (most often 11–12 hours), so overtime occurs every day.
Overtime hours within the schedule that are not multiples of a whole working day are accumulated and summed up to whole working days, followed by the provision of additional days of inter-shift rest. The number of rest days can be calculated by dividing the number of overtime hours by 8.
Each such day of rest is paid in the amount of the daily tariff rate, daily rate (part of the salary for the day of work).
