Peculiarities of labor regulation of a medical worker: working hours

The category “working time” occurs when it comes to labor relations, that is, the relationship between an employee and an employer based on an agreement between them on the personal performance by the employee of a labor function for pay (Article 15 of the Labor Code of the Russian Federation). The main task of the institution of working time is to regulate the duration of an employee’s work, namely, limiting its duration in order to provide the employee with time to perform other socially useful activities, rest, and fulfill his vital needs.

During working hours, the employee, according to the Labor Code of the Russian Federation, in accordance with the internal labor regulations and the terms of the employment contract, must fulfill his labor duties. The law also includes other periods of time that will be considered working time, for example, the period when an employee performs the civil duty of a juror, other state or public duties (Article 170 of the Labor Code of the Russian Federation).

Working time categories

The law defines the following categories of working time (Chapter 15 of the Labor Code of the Russian Federation):

• Normal working hours;
• Reduced working hours;
• Part-time work;
• Duration of daily work (shift);
• Duration of work on the eve of non-working holidays and weekends;
• Night work;
• Working outside the established working hours;
• Overtime work.

Normal working hours, according to Art. 90 of the Labor Code of the Russian Federation, cannot exceed 40 hours per week.

WORKING AND REST TIMES OF HEALTHCARE WORKERS

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One of the basic institutions of labor law is working time.

This institution provides legal means for the production process and also regulates the participation of workers in it. The Labor Code contains a separate section IV “Working time”. Article 1 of this section for the first time introduces the concept of the term “working time” in the form of a legislative act.

Working time is the time during which an employee, in accordance with the internal labor regulations of the organization and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with laws and other regulatory legal acts, relate to working time.

Human work always takes place in time. For all types of labor, the common measure of the amount expended is always working time. The labor activity of a person is subject to legal regulation, in which his work is carried out in accordance with an employment contract.

The Labor Code of the Russian Federation proceeds from the fact that the normal working time cannot exceed 40 hours. The Code and other federal laws may establish reduced working hours for certain categories of workers (teaching, medical, etc.).

Working time consists of the time actually worked by the employee during the day (shift). Other periods of time equivalent to working hours, when the employee did not actually fulfill his job duties, include: breaks for feeding the child (Article 258 of the Labor Code of the Russian Federation); special rest breaks determined by the organization of work; duty at home.

To solve the tasks assigned to health authorities and institutions, the effective use of working time plays an important role.

Healthcare workers based on working hours can be divided into the following categories: a) with normal working hours; b) with reduced working hours; c) with work outside the normal working hours on the initiative of the employee himself (overtime work, irregular working hours, part-time work, both external and internal)

The specificity of the legal regulation of the working hours of medical workers is manifested in the fact that the chief physician, his deputies,

chief nurse, chief accountant, heads of pharmacies, individual services and departments, junior medical personnel (not working in facilities with hazardous working conditions), service personnel, in accordance with production needs determined by the interests of the medical institution, are involved in the performance of their labor duties outside normal working hours. They have irregular working hours. The list of employees of a medical institution with irregular working hours is established by a collective agreement, agreement or internal labor regulations of the institution (Article 101 of the Labor Code of the Russian Federation). For the vast majority of medical workers, reduced working hours are provided (TB doctor, physiotherapist, dentist, etc.)

Article 350 of the Labor Code of the Russian Federation stipulates that for medical workers a reduced working time is established - no more than 39 hours per week. Depending on the position, the working hours of medical workers are determined by a decree of the Government of the Russian Federation, for example by decree? 101 of February 14, 2003 “On the working hours of medical workers depending on their position and (or) specialty” (as amended on February 1, 2005).

The introduction of reduced working hours for medical personnel is due, in particular, to the following factors:

1) the presence of medical workers in harmful, often life-threatening working conditions (contacts with infectious diseases, mental patients, work on X-ray machines, work with contaminated blood, etc.);

2) work with special neuropsychic stress caused by a sense of responsibility for human life and health;

3) high intensity of work of medical workers, requiring significant physical stress.

There are several types of reduced working hours for healthcare workers. So, according to Art. 92 of the Labor Code of the Russian Federation, for workers (including medical workers) engaged in work with harmful and (or) dangerous working conditions, the normal working time is set to no more than 36 hours per week.

The Constitution of the Russian Federation enshrines the right to rest and leisure, including the right to a reasonable limitation of the working day and to paid periodic leave. This right is one of the socio-economic rights and is one of the fundamental human rights.

The rules governing the right to rest are included in Section V of the Labor Code of the Russian Federation. According to Art. 106 of the Labor Code, rest time is the time during which the employee is free from performing work duties and which he can use at his own discretion. The main goal of legal regulation of rest time is, firstly, to ensure

limitation of working hours established by law and, secondly, in creating conditions for employees to actually use their free time.

However, this rule of law does not provide these guarantees for everyone, since, based on the fundamental principles of equality enshrined in the Constitution of the Russian Federation, the principle of freedom of labor does not allow the state to regulate the working hours of persons who are not employed .

A person working under an employment contract is guaranteed the length of working hours established by federal law, weekends and holidays, paid annual leave, and the employer, in turn, is obliged to provide the employee with conditions for exercising his right to rest.

Thus, during the working day (shift), the employee must be given a break for rest and food lasting no more than 2 hours and no less than 30 minutes, which is not included in working hours.

The Labor Code of the Russian Federation defines such types of rest time as breaks during the working day (shift), daily (between shifts) rest, weekends and non-working holidays, vacations.

The time for granting a break and its specific duration are established by the internal labor regulations of the organization or by agreement between the employee and the employer.

At jobs where, due to production (work) conditions, it is impossible to provide a break for rest and food, the employer is obliged to provide the employee with the opportunity to rest and eat food during working hours. The list of such work, as well as places for rest and eating, are established by the internal labor regulations of the organization.

In addition, for certain types of work, special breaks are provided for heating and rest. The types of these works, the duration and procedure for providing such breaks are established by the internal labor regulations of the organization (Article 109 of the Labor Code of the Russian Federation). According to established practice, as a rule, people who work part-time work without a break for rest and food.

According to Art. 111 of the Labor Code of the Russian Federation for employees, either a 5-day working week with 2 days off, or a 6-day work week with 1 day off can be established. The general day off is Sunday. The second day off in a 5-day working week is established by a collective agreement or the internal labor regulations of the organization. Both days off are provided, as a rule, in a row, while the duration of weekly uninterrupted rest cannot be less than 42 hours (Article 110 of the Labor Code of the Russian Federation), and involvement in work on weekends and non-working holidays is prohibited, except for the exceptional cases listed in Art. . 113 Labor Code of the Russian Federation.

Article 112 of the Labor Code of the Russian Federation establishes 11 non-working holidays per year, work on which is allowed only in certain organizations. This provision of the law provides that if a day off coincides with a non-working holiday, the day off is transferred to

the next working day after the holiday. At the same time, in order to rationally use weekends and non-working holidays by employees, the Government of the Russian Federation has the right to transfer weekends to other days.

As for the conditions of remuneration and the provision of another day of rest for work on a weekend or non-working holiday, then in accordance with Art. 153 of the Code, work on weekends and non-working holidays must be paid at least double the amount. In addition, this provision also provides for the right of an employee to use another day of rest for working on a day off or a non-working holiday. In this case, work on a non-working holiday is paid in a single amount, and the day of rest is not subject to payment.

The requirements of the above norm of the Law also apply to persons working in organizations with shift work.

It is necessary to take into account that the specificity of the work of medical institutions lies in the fact that different categories of workers work here, some with a 5-day work week, others with a 6-day work week, and some categories of medical personnel work in institutions that operate permanently ( such as ambulance and emergency stations, hospitals, outpatient clinics). Therefore, due to the need for constant uninterrupted service to the population, days off are provided on different days of the week in accordance with the work schedule and internal labor regulations.

In some cases, the employer, by agreement with the trade union committee, may provide additional paid days off, which are fixed in the collective agreement or agreement between the employer and employees.

The Constitution of the Russian Federation guarantees the right to paid annual leave to all persons working under an employment contract. All employees have this right, regardless of their place of work and the organizational and legal form of the institution. This right of workers is not limited in any way. The main and only condition is the labor relationship between the employee and the employer. The employment contract of each employee guarantees the right to annual paid leave, regardless of the degree of employment, place of performance of work duties, position held, form of payment, or term of the employment contract.

Vacation is an annual continuous rest for a certain number of days in a row, which is provided to all employees to restore their working capacity while maintaining their place of work (position) and average earnings.

Annual paid leave is provided once in each year of work. The working year is calculated from the moment the employee concludes an employment contract. During the period when the employee is on annual paid leave, the employer cannot dismiss him on his own initiative, except in cases of liquidation of the organization or when the activities of the employer, an individual, have ceased (Article 81 of the Labor Code of the Russian Federation). At the same time, the employee himself has the right, while

on annual paid leave, submit a resignation letter to the employer. During the vacation, the employee receives payment. The payment is made in accordance with Article 136 of the Labor Code of the Russian Federation on the eve of the employee going on vacation, but no later than 3 days before it starts. An employee on leave retains his seniority and all benefits. Also, during vacation, transfer to another job is not allowed and any changes in working conditions are generally not allowed.

The time of annual paid leave is included in the employee’s total and continuous work experience, as well as in the length of service giving the right to annual paid leave.

The number of calendar days of vacation (Article 112 of the Labor Code of the Russian Federation) does not include non-working days and holidays if they fall during the vacation period. But on the basis of Art. 120 of the Labor Code of the Russian Federation, Sunday is included in the number of calendar days of vacation.

The minimum duration of annual paid leave is at least 28 calendar days (Article 115 of the Labor Code of the Russian Federation). Until 2002, an employee was granted regular leave only after he had worked for 11 months. In the current Labor Code (in accordance with Article 122), the right to use vacation for the first year of work arises for the employee after 6 months of continuous work with this employer. According to Part 1 of Art. 123 of the Labor Code of the Russian Federation, the order of provision of paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected trade union body of the organization. Part 2 of Art. 123 of the Labor Code establishes that the vacation schedule is mandatory for both the employer and the employee. The employee must be notified of the start time of the vacation against signature no later than 2 weeks before its start. If an employee wants to split his vacation time into parts, this can be done by mutual agreement with the employer. In this case, one part of the vacation must be at least 14 days.

Failure to provide annual paid leave for 2 years in a row is prohibited, as well as failure to provide annual paid leave to employees under the age of 18 and employees engaged in work with harmful and (or) dangerous working conditions (Part 7 of Article 124

Labor Code of the Russian Federation).

All vacations are divided into basic (regular) and additional annual vacations. Other types of vacations provided for by the Labor Code of the Russian Federation are not rest periods and have a different purpose. These include: leave without pay (Articles 128, 263 of the Labor Code of the Russian Federation); educational leave for employees combining work with training (Articles 173-177 of the Labor Code of the Russian Federation); parental leave (Article 256 of the Labor Code of the Russian Federation) and

etc.

Annual additional paid leave differs from the main paid leave in duration, procedure for provision and basis. While basic paid leave is guaranteed to an employee regardless of where he works, additional paid leave is not provided to all employees. This applies primarily to work in certain specialties associated with harmful and (or) dangerous working conditions, the special nature of the work, and irregular working hours (Article 116 of the Labor Code of the Russian Federation). In some cases, providing additional paid leave is intended to stimulate long-term work in a certain area, i.e. for long work experience. The duration of annual paid leave depends on the basis for its provision.

In accordance with Art. 118 of the Labor Code of the Russian Federation, annual additional paid leave for the special nature of the work is provided to certain categories of employees whose work is related to the specific characteristics of the performance of the labor function, as well as the place of its performance. Thus, in connection with the gradual introduction of the positions of “general practitioner (family doctor)” and “nurse of a general practitioner (family doctor)” into the staff of medical institutions, the Government of the Russian Federation decided to establish an additional 3-day paid annual leave for this category of doctors and nurses for continuous work in these positions for more than 3 years. Medical workers who are directly involved in the provision of anti-tuberculosis care are entitled to additional paid leave of 12 working days.

It is not allowed to replace with monetary compensation annual basic paid leave and annual additional paid leave for pregnant women and employees under the age of 18, as well as for jobs with harmful and (or) dangerous working conditions (with the exception of payment of monetary compensation for unused leave upon dismissal).

In all other cases, when an employee has the right to an extended vacation of more than 28 calendar days or when the total duration of vacation when summing up vacations (main and additional) exceeds 28 calendar days, he has the right to receive monetary compensation for the part of the vacation exceeding the specified amount.

The Labor Code provides that upon dismissal, an employee is paid monetary compensation for all unused vacations (Article 127 of the Labor Code of the Russian Federation). The right to receive leave or monetary compensation is not limited by the statute of limitations.

For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement of the parties.

Article 99 of the Labor Code of the Russian Federation provides a detailed definition of the concept of “overtime work”. Overtime work is work performed at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period.

There are two groups of grounds for attracting employees to work overtime. Group 1 includes circumstances when

in which the employer's involvement of workers in overtime work is permitted without their consent. This is the performance of work in emergency conditions (to prevent a natural disaster, catastrophe, industrial accident or eliminate their consequences, etc.). The 2nd group includes circumstances when the employer needs to obtain the written consent of the employee in order to attract overtime work. For example, if it is necessary to carry out (finish) work that has begun, which, due to an unforeseen delay, could not be completed (finished) within the allotted working hours, if failure to complete this work may result in damage or loss of property or pose a threat to the life and health of people.

In some cases, it is possible to be required to work on weekends and non-working holidays with the consent of the employee and taking into account the opinion of the primary trade union organization.

For the first time, the Labor Code of the Russian Federation also established legal norms by which labor relations of persons working part-time are regulated. These norms are reflected in the independent Chapter 44 of the Labor Code of the Russian Federation, which explains this concept. Part-time work is the performance by an employee of another regular paid job under the terms of an employment contract in his free time from his main job (Article 282 of the Labor Code of the Russian Federation). Employment contracts are concluded with part-time workers, therefore they are fully covered by labor legislation in those issues that are not regulated by Chapter. 44 Labor Code of the Russian Federation. These are issues related to the term of the employment contract, labor protection, labor discipline, financial responsibility, etc.

For the first time, the legislator described and divided the concepts of part-time work and combining professions (positions). Part-time work can be both internal and external. An employee has the right to enter into employment contracts to perform other regular paid work in his free time from his main job with the same employer (internal part-time job) or with another employer - external part-time job (Article 60.1 of the Labor Code of the Russian Federation).

With the written consent of the employee, he may be entrusted with performing, during the established duration of the working day, along with the work specified in the employment contract, additional work in a different or the same profession (position) for an additional fee (Article 151 of the Labor Code of the Russian Federation). That is, the legislator has expanded the possibilities of the parties to the employment contract: for the employee it is an opportunity to receive additional payment for additional work, and for the employer it is to ensure uninterrupted work without attracting new employees, which is especially important in healthcare institutions.

Internal part-time work is characterized by the fact that the employee works for the same employer. An employment contract is concluded with the employee, in addition to the main employment contract. The employee also has the right to enter into an employment contract with another employer to work on an external part-time basis in another institution. A special decree of the Government of the Russian Federation dated April 4, 2003 is devoted to these issues? 197 “On the peculiarities of part-time work

pedagogical, medical, pharmaceutical and cultural workers.”

Thus, medical workers have the right to carry out part-time work (Article 151 of the Labor Code of the Russian Federation), i.e. perform other regular paid work under the terms of an employment contract in free time from the main job at the place of main work or in other organizations.

The legislator has provided for the following types of combination of professions (positions): 1) combination of professions; 2) combination of positions; 3) expansion of the service area; 4) increase in the volume of work performed; 5) performing the duties of a temporarily absent employee.

Combination of professions is the performance by an employee, along with his main work, stipulated by the employment contract, of additional work in another profession. Combining positions is the performance by an employee of additional work in another position. Expanding the service area and increasing the volume of work performed means performing an additional volume of work in the same profession or position. By performing the duties of a temporarily absent employee, without release from his main job, we mean replacing an employee who is unable to perform his job duties due to illness, vacation, business trip or other temporary reasons, provided that he retains his job . Combination of professions (positions) can only take place with the consent of the employee.

The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the medical worker.

94. Occupational safety and health of healthcare workers.

Order of the Ministry of Health of the Russian Federation dated April 29, 1997 N 126 On the organization of work on labor protection in governing bodies, institutions, organizations and enterprises of the system of the Ministry of Health of the Russian Federation

REGULATIONS ON THE ORGANIZATION OF WORK ON OCCUPATIONAL SAFETY IN MANAGEMENT BODIES AND INSTITUTIONS OF THE SYSTEM OF THE MINISTRY OF HEALTH OF THE RUSSIAN FEDERATION

General provisions

1.1. This Regulation has been developed in accordance with the “Fundamentals of the legislation of the Russian Federation on labor protection”, adopted by the Supreme Council of the Russian Federation on 08/06/93 and Resolutions of the Ministry of Labor of the Russian Federation dated 01/30/95 N 6 “On approval of recommendations for organizing the work of the labor protection service at an enterprise, in institutions and organizations”, dated 10.30.95 N 59 “On approval of the Model Regulations on the Labor Protection Service of the Federal Executive Body.”

1.2. For healthcare institutions of federal subordination, this Regulation is a normative document of direct effect, mandatory for management and execution.

1.3. For health authorities of the constituent entities of the Russian Federation, this Regulation is a recommendation document, on the basis and in development of which they must develop appropriate provisions.

Functions of the Ministry of Health of the Russian Federation in the field of labor protection of industry workers

In accordance with the basic principles of state policy in the field of labor protection, defined by Article 3 of the “Fundamentals of the legislation of the Russian Federation on labor protection”, the Ministry:

— develops and implements technical policies aimed at ensuring healthy and safe working conditions for industry workers, organizing scientific research on these issues;

— prepares and approves, in accordance with the established procedure, regulations on labor protection;

— analyzes the causes of industrial injuries and occupational diseases in institutions of the Ministry of Health of the Russian Federation, takes measures to prevent them;

— provides methodological guidance to the labor protection services of government bodies and healthcare institutions, organizes training for employees of these services;

— in accordance with the established procedure, participates in the development, conclusion and implementation of industry (tariff) agreements;

— organizes inspections of compliance with labor protection rules and social guarantees established by the state in governing bodies and industry institutions.

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Reduced working hours for certain categories of workers

According to Article 92 of the Labor Code of the Russian Federation, reduced working hours are established only for certain categories of workers, namely:

• For workers under 16 years of age, working hours cannot exceed 24 hours per week;
• For workers aged 16 to 18 years - 35 hours per week.
• For employees who are disabled people of group I or II, working hours cannot exceed 35 hours per week.
• For employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions, are classified as hazardous working conditions of the 3rd or 4th degree or hazardous working conditions, the duration of working hours cannot exceed 36 hours per week.

It is important to note that hazardous working conditions of degree 3 or 4 include only the last 2 subclasses of class 3 of working conditions, namely: hazardous working conditions of degree 3 and 4 - class 3, subclass 3.3 and subclass 3.4.
You can read more about this in the articles “Special assessment of working conditions: general provisions” and “Guarantees and compensation to employees based on the results of a special assessment of working conditions”. The working hours of students of educational institutions under the age of 18 working during the academic year in their free time from study cannot exceed:

• 12 hours per week - for workers under 16 years of age;
• 17.5 hours per week - for workers aged 16 to 18 years.

The final part of Article 92 of the Labor Code of the Russian Federation states that this Code (Labor Code of the Russian Federation) and other federal laws may establish reduced working hours for other categories of workers (teaching, medical and other workers). In particular, some features of the regulation of the labor of medical workers are defined in Article 350 of the Labor Code of the Russian Federation, which will be discussed in the next section of this article.

What the legislation says about the working hours of health workers

The Labor Code establishes a reduced working time for health workers - no more than 39 hours per week (Article 350 of the Labor Code of the Russian Federation). But for individual specialists, federal legislation provides for a different limit of working hours per week, which depends on the specifics of the medical institution and the employee’s position.

The main document establishing how long nurses and doctors work is Government Resolution 101 on medical workers of the Russian Federation, which contains a list of positions and the duration of the labor process for each of them (from 24 to 36 hours per week). In addition to government regulations, when determining the length of the working week, one should focus on the norms of some federal laws.

Working hours for medical workers

For medical workers, a reduced working time of no more than 39 hours per week is established (Article 350 of the Labor Code of the Russian Federation). Decree of the Government of the Russian Federation of February 14, 2003 No. 101 “On the duration of working hours of medical workers depending on their position and (or) specialty” defines 4 types of shortened working hours:

• 36 hours per week;
• 33 hours per week;
• 30 hours per week;
• 24 hours a week.

As for the working hours of a dental surgeon and a maxillofacial surgeon, then, since the current legislation, for unknown reasons, does not contain additional benefits for doctors working in such a position, they are subject to the norm of Article 350 of the Labor Code of the Russian Federation, according to which for medical workers reduced working hours are established as a general rule - no more than 39 hours per week.

It should be added that general practitioners (family doctors) and nurses of general practitioners are not entitled to a shortened working week, but instead they have the right to an additional annual paid 3-day leave for continuous work in these positions for more than 3 years (Resolution of the Government of the Russian Federation dated December 30, 1998 No. 1588).

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In accordance with part three of Art. 92, art. 350 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), a reduced working time is established for medical workers - no more than 39 hours per week. Depending on the position and (or) specialty, the working hours of medical workers are determined by the Government of the Russian Federation. Resolution of the Government of the Russian Federation dated February 14, 2003 N 101 (hereinafter referred to as Resolution N 101) approved lists of positions and (or) specialties of medical workers, organizations, as well as departments, wards, offices and working conditions, work in which gives the right to a shortened working week . In accordance with this resolution, a 36-hour, 33-hour, 30-hour or 24-hour working week is established for medical workers, depending on their position and (or) specialty, nature and working conditions. In dental treatment and preventive organizations, institutions (departments, offices), the working week is set at 33 hours (section III of Appendix No. 2 to Resolution No. 101) for the following positions: dentist, orthopedic dentist, orthodontist , pediatric dentist, dental therapist, dentist, dental technician (except for dental surgeon, maxillofacial surgeon). Thus, the positions of chief physician of a dental clinic and his deputy are not provided for by Resolution No. 101.

In accordance with Art. 423 of the Labor Code of the Russian Federation for medical workers whose positions and (or) specialties are not provided for by the said resolution, a reduced working day can be established in accordance with the laws and other regulatory legal acts of the Russian Federation, as well as legislative and other regulatory legal acts of the former USSR in force on the territory of the Russian Federation within the limits and in the manner provided for by the Constitution of the Russian Federation, Resolution of the Supreme Council of the RSFSR dated December 12, 1991 N 2014-I “On the ratification of the Agreement on the creation of the Commonwealth of Independent States”, since these regulatory legal acts do not contradict the Labor Code of the Russian Federation.

At present, the resolution of the Council of People's Commissars of the USSR dated December 11, 1940 N 2499 (hereinafter referred to as Resolution N 2499) and the order of the People's Commissariat of Health of the USSR adopted in accordance with it dated December 12, 1940 N 584 (hereinafter referred to as Order N 584), establishing the duration of the working day, have not been canceled for certain categories of medical workers, equal to 6.5 and 5.5 hours. These regulatory legal acts can be applied to the extent that they do not contradict Resolution No. 101*(1). Their provisions affect the positions of doctors and nursing staff in individual medical institutions. However, given that the positions of the chief physician and his deputy relate to the positions of heads of healthcare institutions, and not to the positions of doctors and nursing staff * (2), the norms of Resolution No. 2499 and Order No. 584 do not apply to the workers specified in the question. Thus, the provisions on reduced working hours provided for by Resolution No. 101, Resolution No. 2499 and Order No. 584 do not apply to employees holding the positions of chief physician and deputy chief physician of the clinic.

At the same time, the nomenclature of positions for medical workers and pharmaceutical workers, approved by order of the Ministry of Health of the Russian Federation dated December 20, 2012 N 1183n, still classifies these positions as medical workers. Therefore, employees holding the positions of chief physician and his deputy, in accordance with Art. 350 of the Labor Code of the Russian Federation, a weekly working time should be established not exceeding 39 hours. Moreover, since part one of Art. 350 of the Labor Code of the Russian Federation does not oblige them to establish a reduced working day; the work schedule of these employees may, as a general rule, provide for an 8-hour working day with a five-day working week. However, in this case, the working hours on one of the working days must be reduced by one hour. When establishing a six-day working week, it is necessary to take into account the requirement of part three of Art. 95 of the Labor Code of the Russian Federation, according to which on the eve of weekends the duration of work in a six-day working week cannot exceed 5 hours. Within the meaning of this norm, it applies in all cases, that is, for any weekly working time.

Duration of working hours when working part-time for medical workers

The Resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers” stipulates that within a month, by agreement between the employee and the employer, the duration of work under each employment contract with a medical worker cannot exceed :

• For medical and pharmaceutical workers - half the monthly standard working time, calculated from the established length of the working week;
• For medical and pharmaceutical workers whose half of the monthly working time for their main job is less than 16 hours per week - 16 hours of work per week;
• For doctors and paramedical personnel in cities, districts and other municipalities where there is a shortage - a monthly standard of working time, calculated from the established length of the working week.
• For junior medical personnel - the monthly standard of working time, calculated from the established length of the working week.

According to Article 350 of the Labor Code of the Russian Federation, for medical workers of healthcare organizations living and working in rural areas and in urban settlements, the duration of part-time work may be increased by decision of the Government of the Russian Federation, adopted taking into account the opinion of the relevant all-Russian trade union and all-Russian association of employers. Today, there is a Decree of the Government of the Russian Federation dated November 12, 2002 No. 813, according to which the duration of part-time work in health care organizations for medical workers living and working in rural areas and urban settlements should be no more than 8 hours a day and 39 hours in week.

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V.V. Podgrusha, Honored Lawyer of the Republic of Belarus

Working time is considered to be the time during which the employee, in accordance with labor and collective agreements, internal labor regulations, is required to be at the workplace and perform his job duties (Part 1 of Article 110 of the Labor Code of the Republic of Belarus).

The regulations regarding normal working hours are given in Art. 111 of the Labor Code, according to which the normal length of working time is equal to the full (Article 112 of the Labor Code) or reduced (Articles 113 and 114 of the Labor Code) of its norm established in accordance with Chapter. 10 TK.

Thus, the term “normal working hours” within the meaning of Art. 111 of the Labor Code includes both its full (generally established) duration and types of reduced duration provided for in Art. 113 and 114 TK.

If the employer or the collective agreement does not determine the duration of the working week, the maximum duration provided for in Art. 112–115 Labor Code (Part 2 of Article 111 Labor Code).

Note that if changes and additions are made to the Labor Code, the legislator should clarify the wording of Part 2 of Art. 111 of the Labor Code, making reference not to Art. 112–115 TK, and to Art. 112–114 TK. The fact is that full and reduced working hours are established by Art. 112, 113 and 114 TK, while Art. 115 of the Labor Code establishes only the standardization of the duration of daily work (shift).

According to Art. 112 of the Labor Code, the total working time cannot exceed 40 hours per week.

Reduced working hours for certain categories of workers

By virtue of the requirements of Part 1 of Art. 114 of the Labor Code for workers under 18 years of age, a reduced working time is established: from 14 to 16 years old - no more than 23 hours per week, from 16 to 18 years old - no more than 35 hours per week.

The length of working time for students of secondary schools and vocational schools working during the academic year in their free time from school cannot exceed half of the maximum working time provided for in Part 1 of Art. 114 Labor Code for persons of the appropriate age (Part 2 of Article 114 Labor Code).

Therefore, the maximum working time for the above categories of persons should not exceed 11 hours 30 minutes per week for students aged 14 to 16 years and 17 hours 30 minutes for students aged 16 to 18 years (with a 5-day working week this amounts to 2 hours 18 minutes and 3 hours 30 minutes per day, respectively).

Obviously, such a duration does not apply in cases of work of the specified categories of minor student workers during non-school hours, when there are no classes, for example, during the summer holidays, when workers aged 14 to 16 years can work daily for 4 hours 36 minutes, and from 16 to 18 years old - 7 hours a day.

A reduced working time of no more than 35 hours per week is also established:

• disabled people of groups I and II;
• working in the evacuation zone (due to increased radioactive contamination of the territory), including those temporarily assigned or sent to these zones[1].

By virtue of the requirements of Part 5 of Art. 114 of the Labor Code for certain categories of workers (teachers, doctors, etc.), reduced working hours are established by the Government of the Republic of Belarus or an authorized body.

In order to implement this norm, on the basis of Resolution of the Council of Ministers of the Republic of Belarus dated April 4, 2000 No. 455 “On the delegation of powers of the Government of the Republic of Belarus to adopt (issue) normative legal acts,” the relevant ministries approved lists of categories of workers for whom reduced working hours are established .

Thus, for certain categories of teaching staff, reduced working hours are established by Resolution of the Ministry of Education of the Republic of Belarus dated July 6, 2001 No. 41 “On the establishment of reduced working hours and standards of pedagogical (teaching) work for certain categories of teaching staff.”

List of teaching staff who are entitled to reduced working hours:

In accordance with this decree, the teaching staff of educational institutions providing higher education is assigned a reduced working time of 36 hours per week. For teachers of institutions providing secondary specialized and vocational education (except for pedagogical schools), a standard of pedagogical (teaching) work has been established at a salary rate of 720 hours per year, for teachers of all specialties (except for teachers-defectologists) of institutions providing general secondary education - 18 hours a week.

The list of employees of healthcare organizations of any organizational and legal forms of ownership, for whom reduced working hours are established, was approved by Resolution of the Ministry of Health of the Republic of Belarus dated April 5, 2000 No. 6 “On reduced working hours of employees of healthcare organizations of any organizational and legal forms of ownership” ( hereinafter referred to as the resolution).

List of employees of healthcare organizations of any organizational and legal forms of ownership for whom reduced working hours are established

A 38.5-hour workweek corresponds to a 6.5-hour workday for a six-day workweek with a Saturday workday not exceeding 6 hours.

A 33-hour workweek corresponds to a 5.5-hour workday in a six-day workweek.

If the shift schedule is drawn up in relation to a five-day work week, then the length of the working day will be 7.7 and 6.6 hours, respectively.

A shortened working week is established for one of the reasons at the employee’s choice:

if a medical worker has the right to reduced working hours due to his classification as one of the above-mentioned medical workers listed in paragraphs 1 and 2 of the Appendix to the resolution;

due to the extension of the provisions of Art. 113 Labor Code (due to harmful working conditions).

It is obvious that clauses 1 and 2 of the Appendix to the resolution do not cover all workers belonging to the medical staff of healthcare organizations.

Some employees of healthcare organizations do not enjoy the right to reduced working hours. In particular, heads of healthcare organizations and their deputies are excluded from the “preferential” categories; doctors and nursing staff of sanatorium and resort organizations; junior medical staff and some other specialists.

Working hours on the eve of public holidays and public holidays

By virtue of the requirements of Part 1 of Art. 116 of the Labor Code on the eve of public holidays and public holidays (Part 1 of Article 147 of the Labor Code), the duration of work of employees is reduced by one hour.

Thus, unless otherwise established by law, the above norm applies to all workers, both full-time and short-time workers.

The interpretation of the term “on the eve” and its application at the present time is actually based on the practice according to which the last working day before a holiday is not shortened if it is followed (accordingly, the holiday is preceded) by a day off.

Let us explain this with an example.

EXAMPLE 1

January 7, 2007 fell on a Sunday. The working day on Friday, January 5, 2007, with a five-day working week, was not shortened, since the working day was not directly followed by a holiday, but was followed by a regular day off. But on Saturday, January 6, 2007, with a six-day working week, the working day was shortened.

Consequently, the term “on the eve” used by the legislator in Art. 116 of the Labor Code is understood as the working day immediately preceding the holiday (in other words, the working day that is subject to reduction is immediately followed by the holiday).

Meanwhile, one cannot help but pay attention to the fact that the current version of Part 1 of Art. 116 of the Labor Code does not indicate that a working day (shift) must immediately precede a holiday, therefore, the norm of the law is understood in practice more narrowly than the understanding allowed by the legislator. This approach has attracted justified criticism. So, L.Ya. Ostrovsky believes that law enforcement practice needs to return Art. 116 TC has its own legal meaning. Otherwise, there is an increase in the working time fund without an increase in wages.

It should be noted that in the draft Law of the Republic of Belarus “On Amendments and Additions to the Labor Code of the Republic of Belarus” (hereinafter referred to as the draft Law), the position that has developed in practice prevailed. As a result of Part 1 of Art. 116 of the Labor Code is proposed to be presented in a new edition: “The duration of work on the working day immediately preceding a public holiday, a holiday (part one of Article 147 of the Labor Code) is reduced by 1 hour.”

In practice, the question arises whether the working day immediately preceding a holiday is subject to reduction if it is declared a non-working day by the Government and postponed to one of the next weekends. The answer to this and other questions is contained in the Rules for planning and recording working hours of employees in connection with the transfer of individual working days by the Council of Ministers of the Republic of Belarus, approved by Resolution of the Ministry of Labor of the Republic of Belarus dated June 25, 2001 No. 75.

According to these Rules, when transferring working days, the calculated standard of working time for the calendar year, approved by the Ministry of Labor of the Republic of Belarus, and the corresponding duration of the transferred working day are preserved.

Let us explain this rule with an example.

EXAMPLE 2

The duration of the working day on July 2, 2007, on the eve of the public holiday Republic Day, should be reduced by 1 hour. Due to the postponement of the working day from Monday, July 2, to Saturday, July 7, 2007, the working day on Saturday, July 7, 2007 is also shortened by 1 hour.

If, due to production conditions, it is impossible to reduce the duration of daily work (shift) on the eve of holidays, employees should be given an additional day of rest as overtime hours accumulate (Part 2 of Article 116 of the Labor Code).

Since the term “production conditions” allows for a very broad understanding, L.Ya.’s proposal seems quite logical. Ostrovsky on establishing certain criteria for applying the above norm. For example, by providing for the extension of this norm to continuously operating industries, to organizations engaged in serving the population, and other exceptional cases by analogy with Art. 121 TK.

The draft Law proposes a new version of Part 2 of Art. 116 of the Labor Code: “If, under production conditions, it is impossible to reduce the duration of work provided for in part one of this article, overtime is compensated by agreement of the parties by providing an additional day of rest, paid in a single amount, as these hours accumulate, or by increasing their payment in the amount established for payment overtime work (part one of Article 69).”

Thus, in comparison with the current norm, the draft Law contains a more detailed compensation mechanism in the event that, due to production conditions, it is impossible to reduce the duration of work on the eve of a holiday.

Night work

The legal regulation of work at night is devoted to Art. 117 TK.

In accordance with this article, the time from 22:00 to 6:00 is considered night time. When working at night, the established duration of work (shift) is reduced by one hour with a corresponding reduction in the working week. This means that if you work 2 night shifts, the working week is reduced by 2 hours and will no longer be 40, but 38 hours.

The above rule about reducing the duration of night work (shift) in accordance with Part 3 of Art. 117 of the Labor Code does not apply to workers for whom a reduction in working hours is already provided (Articles 113 and 114 of the Labor Code), as well as when such a reduction is impossible due to production conditions, including in continuous production, or if the employee is hired to perform work only at night time.

Of course, the above exception is quite ambiguous. We are talking, first of all, about the non-application of reductions in the duration of night work (shift) for workers falling under Art. 113 and 114 TK. For example, workers engaged in work with hazardous working conditions, in accordance with Art. 113 of the Labor Code establishes a reduced working time. This reduction is due to the need to protect the health of workers and protect them from the effects of harmful production factors. Meanwhile, work at night has specifics, and it is in order to reduce the negative impact of such work on the human body, due to more complex working conditions at night in physiological, psychological, social and other aspects, that the legislator goes to reduce the duration of work. And although for workers with hazardous working conditions, who are also forced to work at night, the harmfulness of factors due to various reasons overlap each other, nevertheless, one of the guarantees established by law does not apply.

Unfortunately, the draft Law has not eliminated this discriminatory exception, and therefore one can agree with the opinion that justice should be restored by reflecting the corresponding guarantee in the collective agreement or directly by the employer.

As for other cases falling under the exception, despite all the positive assessment of the objective need for such an exception, the failure to provide workers who “overwork” an hour with any compensation is not justified in any way. Moreover, this approach places workers, for example, in organizations with continuous production, in a clearly discriminatory position compared with workers in organizations working on standard schedules. Compensation mechanisms in this case can be very different: the possibility of additional payment, and the provision of time off as “overworked” hours accumulate.

Part 4 art. 117 of the Labor Code contains a list of categories of workers who are not allowed to work at night, even if it falls on part of the working day or shift:

• pregnant women;
• women with children under 3 years of age;
• workers under 18 years of age.

On the one hand, the legislator’s approaches are understandable and explainable by the need at the legislative level to ensure the provision of guarantees to the most vulnerable categories of workers in physical and psychophysiological aspects, primarily pregnant women and minors.

The situation is somewhat different for women with children under 3 years of age. It is no secret that in a number of cases the presence of this guarantee prevents a mother-employee from interrupting her maternity leave and returning to work due to the fact that the work she performs occurs at night. Another kind of guarantee in such cases could be the written consent of the worker-mother to perform work at night.

By the way, the draft Law provides for the exclusion of paragraph 2 from Part 4 and the introduction of appropriate additions to Part 5 of Art. 117 TK. Art. is adjusted in a similar way. 263 TK.

It is also impossible not to notice that contained in Part 4 of Art. 117 of the Labor Code, the list of categories of workers whose work at night is not allowed is formulated by the legislator as exhaustive. But this does not mean that the specified list cannot be supplemented with an indication of other categories of workers by acts of the local level, based on the specifics of production and other circumstances related to the organization of labor.

Currently Art. 117 of the Labor Code establishes the specifics of attracting another category of workers to work at night - disabled people, regardless of the disability group. In accordance with Part 5 of this article, disabled people can be involved in night work only with their consent and provided that such work is not prohibited to them in accordance with a medical certificate. This approach, according to the draft Law, has not undergone changes, but, as noted above, Part 5 has been supplemented with an indication of women with children under 3 years of age who can be involved in night work only with their consent.

Part-time work

Completing the description of working time, one cannot help but dwell on such a feature of working time as part-time working.

The legal regulation of part-time work is devoted to Art. 118 Labor Code, as well as Art. 289–291 TK.

Of course, we can agree with L.Ya. Ostrovsky that such systematization of the same legal institution is not justified in any way.

Indeed, the dispersion of legal regulation across different sections of the Labor Code not only complicates the legal regulation of relevant relations, but also the practice of applying the relevant norms. As a result of the duplication of regulatory requirements, but the use of different formulations, law enforcement officials inevitably arise the question of what causes the difference and what are the consequences of applying one or another norm. It is enough to compare, as an example, the texts of Part 1 of Art. 118 TK:

• by agreement between the employee and the employer, a part-time or part-time work week may be established both upon hiring and subsequently
• and part 1 art. 289 of the Labor Code: part-time working hours are established by agreement between the employee and the employer, both upon hiring and subsequently (Article 118 of the Labor Code).

The references in Art. 118 TC to Art. 289 of the Labor Code, as well as in Art. 289 TC to Art. 118 of the Labor Code clearly indicate that resolving issues related to the establishment of part-time work requires a comprehensive and systematic analysis of the norms enshrined in Chapter. 10 and 22, which again does not support the differentiation of legal regulation.

So, part-time work is a part of the normal working time determined by agreement of the parties to the employment contract in the form of a part-time working day and/or a part-time working week, during which the employee is obliged to fulfill his job duties.

With a part-time working day, the duration of daily work provided for by the internal labor regulations or work schedule is reduced (for example, instead of 8 hours, 7 hours are set, instead of 7 - 5 hours, etc.). With a part-time working week, the number of working days per week is reduced (for example, instead of 6 days there are 3 days, instead of 5 days - 4 days, etc.). The employee and the employer can reach an agreement to simultaneously reduce the length of the working day and the working week.

As follows from the relevant norms of the Labor Code, a partial working day or working week can be established when hiring an employee (in this case, the agreement reached is formulated as a condition of the employment contract).

If part-time working time is subsequently established during the period of employment, then in accordance with Part 3 of Art. 289 of the Labor Code, the transition to part-time work is formalized by order (instruction) of the employer. In both cases, an agreement on part-time work can be concluded either for a certain period (for example, only for the summer period) or for an indefinite period.

In Part 2 of Art. 289 of the Labor Code provides a list of categories of workers for whom the employer is obliged to establish part-time working hours:

• at the request of a pregnant woman, a woman who has a child under 14 years of age (including those in her care) or who is caring for a sick family member in accordance with a medical report;
• disabled people in accordance with medical recommendations;
• when applying for a part-time job;
• other categories of workers provided for by the collective agreement or agreement.

Since part-time work is part of full or reduced working time, the payment of part-time workers in accordance with Art. 290 of the Labor Code is made in proportion to the time worked (with a time-based form of remuneration) or depending on output (with a piece-rate form of remuneration).

Part-time work does not entail for employees any restrictions on the duration of vacations, calculation of length of service and other labor rights (Part 1 of Article 291 of the Labor Code).

In practice, there are cases when an employer, having concluded an employment contract for work on a part-time basis, makes an entry in the employee’s work book: “hired to work part-time” or “hired to work on a part-time basis.” Making such entries is unacceptable.

[1] The Draft Law of the Republic of Belarus “On Amendments and Additions to the Labor Code of the Republic of Belarus” provides for a certain clarification, consisting in providing the specified guarantee to persons working in the evacuation (exclusion) zone.

[2] In swimming pools of educational institutions.

Ostrovsky L.Ya. Labor Code of the Republic of Belarus: Article-by-article commentary. Book V. Ch. 10–11. Mn.: Technoprint, 2000. P. 44.

Ostrovsky L.Ya. Decree. slave. P. 45.

Ostrovsky L.Ya. Decree.work. P. 49.

Right there. pp. 52–53.

This material was published in the magazine “Personnel Department” No. 7 2007.

Recording working hours when on duty at home

In order to implement the program of state guarantees of free provision of medical care to citizens in an emergency or emergency form, medical workers of medical organizations, with their consent, can be established on duty at home (duty at home - a medical worker of a medical organization stays at home while waiting for a call to work (to provide medical care in emergency or urgent form)).

When taking into account the time actually worked by a medical worker of a medical organization, the time spent on duty at home is taken into account in the amount of one-half of an hour of working time for each hour of duty at home. The total working time of a medical worker of a medical organization, taking into account the time on duty at home, should not exceed the standard working time of a medical worker of a medical organization for the corresponding period.

Features of the working time regime and recording of working time when medical workers of medical organizations perform duty at home are established by Order of the Ministry of Health of Russia dated April 2, 2014 No. 148n.

Newsletter of the magazine "Personnel Department"

According to Part 2 of Art. 319 of the Labor Code of the Republic of Belarus, the specifics of the working conditions of medical workers are regulated by the Government of the Republic of Belarus or an authorized body, taking into account the standards established by the Labor Code.

With reference to Art. 319 of the Labor Code issued Resolution of the Council of Ministers of the Republic of Belarus dated April 26, 2002 No. 533 “On the peculiarities of working conditions for medical workers” (hereinafter referred to as Resolution No. 533), which allowed medical workers to carry out work to provide medical care in excess of the working hours established for them within the limits 900 (1800) hours per year.

Workers and employees of healthcare organizations with round-the-clock operation are named in the List of categories of workers for whom a shift duration of more than 12 hours, but not more than 24 hours, can be established, approved by Resolution of the Council of Ministers of the Republic of Belarus dated January 25, 2008 No. 104, with subsequent additions.

Pursuant to Art. 114 of the Labor Code and on the basis of delegated authority, the Ministry of Health of the Republic of Belarus, by resolution No. 6 of April 5, 2000, approved the list of employees of healthcare organizations of any organizational and legal forms of ownership for whom reduced working hours are established (hereinafter referred to as Resolution No. 6).

According to Part 3 of Art. 113 Labor Code The list of industries, workshops, professions and positions with harmful and (or) dangerous working conditions, work in which gives the right to reduced working hours, is approved by the Government of the Republic of Belarus or an agency authorized by it. However, contrary to the Labor Code, in accordance with the norms of Resolution of the Council of Ministers of the Republic of Belarus of February 22, 2008 No. 253 “On certification of workplaces according to working conditions” with subsequent amendments and additions (hereinafter referred to as Resolution No. 253) to determine the employee’s right to reduced working hours For work with harmful and (or) dangerous working conditions, a workplace certification is required. Does this mean that Resolution No. 253, adopted with reference to Art. 157 Labor Code (additional leave), simultaneously resolves issues and Art. 113 TC (reduced working hours)? I guess not. In this matter, one must be guided by the Decree of the Ministry of Labor and Social Protection of the Republic of Belarus dated December 10, 2007 No. 170 “On reduced working hours for work with harmful and (or) dangerous working conditions,” which was adopted on the basis of the Law of the Republic of Belarus dated 20 July 2007 “On amendments and additions to the Labor Code of the Republic of Belarus.”

Thus, special norms are concentrated in by-laws, among which there are acts of the Ministry of Health of the Republic of Belarus. In the current Regulations on the Ministry of Health of the Republic of Belarus, approved by Resolution of the Council of Ministers of the Republic of Belarus dated August 23, 2000 No. 1331, with subsequent amendments and additions, the function of regulating labor relations of medical workers is not directly stated.

Based on a systematic analysis of the above regulatory legal acts, we can conclude that the legislation, while establishing reduced working hours for medical workers, at the same time allows for work beyond the established working hours and extended shifts.

Now I will dwell in more detail on special norms.

Reduced working hours due to profession

Resolution No. 6 established two types of shortened working week:

38.5-hour work week - doctors and paramedical personnel of most healthcare organizations and some others;

33-hour work week - for dentists of all types, except for hospital dental surgeons, dentists, and orthopedic dentists; doctors and paramedical personnel constantly working on laser systems of hazard class 3-4; doctors of medical advisory commissions, forensic psychiatric experts.

Consequently, the right to reduced working hours for junior medical personnel is not provided.

For comparison, I note that in the Russian Federation, reduced working hours for medical workers were introduced at the level of the Government of the Russian Federation by Decree No. 101 of February 14, 2003 “On the working hours of medical workers depending on their position and (or) specialty” with subsequent change, and the Ministry of Health and Social Development of the Russian Federation was instructed to provide clarifications on the application of this resolution.

In the Russian Federation, there are four types of shortened working week:

36 hours per week - according to the list according to Appendix No. 1;

33 hours per week - according to the list according to Appendix No. 2;

30 hours per week - according to the list according to Appendix No. 3;

24 hours a week - for medical workers directly performing gamma therapy and experimental gamma irradiation with gamma drugs in radiomanipulation rooms and laboratories.

These lists also include junior medical personnel.

Reduced working hours due to harmful working conditions

Currently there is a List of industries, workshops, professions and positions with harmful and (or) dangerous working conditions, work in which gives the right to reduced working hours, approved by Resolution of the Ministry of Labor and Social Protection of the Republic of Belarus dated December 10, 2007 No. 170 (hereinafter referred to as the List). The list also includes employment in hazardous working conditions in healthcare organizations, which gives the right to a working week of 35 hours. In the relevant chapters of this List, employees belonging to junior medical personnel are named.

Working beyond the established working hours

The Labor Code distinguishes the following types of so-called overtime overtime:

• irregular working hours (Article 118-1);
• overtime work (Article 119);
• work on weekends, public holidays and public holidays (Articles 142, 147);
• part-time job (chapter 32).

Another type of processing has been introduced in medicine, which is not provided for by the Labor Code.

EXAMPLE 1

In the organization, many doctors work beyond the established working hours. Such work is formalized by order of the employer - for the period of absence of the main employee or until the vacant position is filled (an employment contract is not issued). The question arises: what to do with working beyond the established working hours?

Resolution No. 533 established for medical workers providing medical care the permissible duration of work beyond the established working hours of up to 900 hours per year, for those working in healthcare organizations located in areas of radioactive contamination as a result of the Chernobyl nuclear power plant disaster, as well as for doctors in local hospitals and outpatient clinics, located in rural areas - up to 1800 hours per year. Moreover, payment is made for the time actually worked on regular days of the week in a single amount.

Despite the fact that Resolution No. 533 was adopted by the Government and there was no instruction for the Ministry of Health of the Republic of Belarus to provide explanations on it, nevertheless, the Ministry of Health in its letter dated May 20, 2009 No. 03-2-07/848-168 “ On the application of regulations" distributed the following information among subordinate government organizations: "The provision of medical care is carried out with the participation of workers who do not have a medical education, but provide medical care (patient care, assistance to a nurse in carrying out medical procedures, hygienic toilet for bedridden patients, transportation patients, feeding, performing sanitary and hygienic measures, carrying out disinfection measures, registering patients, storing and delivering medical documentation, etc., i.e. these workers are in constant contact with patients and work in harmful and (or) dangerous working conditions) . In this regard, we clarify that the provisions of the Resolution of the Council of Ministers of the Republic of Belarus dated April 26, 2002 No. 533 “On the peculiarities of working conditions for medical workers” apply to both workers with a medical education and healthcare workers without a medical education, but admitted in accordance with the established procedure to occupy positions of medical workers, as well as other persons working in the field of healthcare and providing medical care (disinfectors, disinfection instructors, medical registrars, physical therapy instructors with higher education, housewives, auxiliary nurses , nurses and other workers previously defined by the concepts of “nursing medical personnel” and “junior medical personnel”).”

This letter, which is not a normative legal act, is seen as an attempt to deviate from the legal interpretation of the term “medical worker” given in Art. 1 of the Law of the Republic of Belarus dated June 18, 1993 “On Health Care” (as amended by the Law of the Republic of Belarus dated June 20, 2008; hereinafter referred to as the Law on Health Care). Article 1 clearly defines that a medical worker is an individual who has a higher or secondary specialized medical education, confirmed by an education document of the established form, and in the manner prescribed by law, engaged in activities related to the organization and provision of medical care, ensuring the sanitary and epidemiological well-being of the population, conducting a medical examination, and that medical care is provided by medical professionals. The letter from the Ministry of Health of the Republic of Belarus states that persons without medical education “provide medical care” and named a nurse and housewife as an example. In my opinion, the example is not entirely successful, because... the work of these persons relates to the so-called service, and not to medical services.

At the time of preparation of the new edition of the Law on Health Care, Russian standards were already in force, which could be taken into account when deciding who should be classified as medical and pharmaceutical workers. For reference, I will cite the professional qualification groups for positions of medical and pharmaceutical workers approved by order of the Ministry of Health and Social Development of the Russian Federation dated August 6, 2007 No. 526:

* Except for heads of surgical departments of hospitals.

The new decree of the Ministry of Health of the Republic of Belarus dated June 8, 2009 No. 61 “On approval of the nomenclature of positions for employees with higher and secondary medical and pharmaceutical education” identifies the following job categories of medical workers:

Thus, nurses, housekeepers, etc. in the Republic of Belarus are classified as blue-collar workers. To allow overtime for workers employed in healthcare organizations to be paid only once and not qualified as overtime work with increased pay means a deviation from the basic principles of labor law.

I believe that the introduction of additional overtime hours is permissible only in order to provide qualified medical care to the population, since there are not enough medical workers with medical education today. In my opinion, the general extension of this legal model to all workers employed in healthcare organizations is unacceptable.

Overtime in medicine

As a general rule, overtime work is allowed with the consent of the employee and has a maximum annual quota of no more than 120 hours (Articles 119, 120, 122 of the Labor Code). As an exception, overtime work is allowed without the consent of the employee and without including it in the maximum hours quota. Among the grounds for such an exception are Art. 121 of the Labor Code refers to “the provision of emergency medical care by employees of healthcare institutions.” This formulation, I believe, has inaccuracies. In medicine, not only institutions, but also private commercial organizations operate. Further, as follows from the legal definition of medical care, it is provided by medical workers, i.e. employees with higher or secondary medical education. There is no definition of emergency medical care in the Health Care Act. Article 16 of this Law specifies two forms of medical care: ambulance (emergency) and planned.

Emergency (emergency) medical care is a form of medical care in the event of a sudden onset of illness in a patient, including injuries, poisoning and other emergency conditions, as well as a sudden deterioration in the health status of a patient with chronic diseases that threaten his life, in which urgent (emergency) treatment is required. ) medical intervention.

If we assume that “emergency medical care” and “emergency (emergency) medical care” are identical concepts, then it turns out that overtime in medicine on the basis of Art. 121 Labor Code are possible in cases where “urgent (emergency) medical intervention is required.” Moreover, this norm is mainly addressed not to specialized healthcare organizations providing this type of medical care (emergency stations and hospitals, emergency rooms), but to healthcare organizations operating as usual. For example, a patient with acute toothache should receive medical care even after the end of the dentist’s shift (the operation begins shortly before the end of the shift, and it continues after the end of the doctor’s shift). All these are cases of overtime work, compensated according to the rules of Art. 69 TK.

Recruitment to work on days off

As an exceptional case of being hired to work on a day off without the employee’s consent, Art. 143 of the Labor Code refers to “the provision of emergency medical care by medical personnel.” This wording is not consistent with the terms of the Health Care Act and may cause problems in practice. In particular, it is not clear who should be considered medical personnel.

There is also no clarity on the question of how the mechanism for exercising the patient’s right to choose a treating physician should work (Article 41 of the Health Care Law).

EXAMPLE 2

A pregnant woman chooses an obstetrician-gynecologist, and an agreement is concluded between her and the maternity hospital, which also states that a specific doctor will attend the birth. But the birth does not occur during this doctor’s shift. The question arises, how to qualify the procedure for attracting a doctor chosen by a patient to work on his day off? If the doctor was aware of the concluded contract, then this can be regarded as being hired to work with his consent, and such calls to work can be no more than 12 days a year (Articles 142, 144 of the Labor Code). If a doctor does not agree to work on a day off, is it possible in this situation to refer to the “emergency” of medical care and ignore his consent? Probably yes. But a situation may arise when a sought-after obstetrician-gynecologist will be called to attend childbirth (because this is the patient’s choice) and will not have days off.

Appendix No. 2 to the resolution of January 21, 2001[1] the terms of remuneration for healthcare workers were approved. Paragraph 11 of this annex provides that for duty at home during non-working hours of doctors and paramedical personnel of healthcare organizations, an additional payment is made at the rate of 50% of the salary for the actual time on duty. Additional payment for duty at home on weekends and holidays is made in a single amount. From the moment these workers are called to the organization to provide medical care, additional payment is made based on the salary of a doctor or paramedical worker of the relevant specialty for the hours actually worked, taking into account additional payments for night work.

By the way, I note that in the Russian Federation “home duty” outside working hours was abolished as not provided for by the Labor Code of the Russian Federation.

[1] Resolution of the Ministry of Labor of the Republic of Belarus dated January 21, 2000 No. 6 “On measures to improve the conditions of remuneration for employees of organizations financed from the budget” with subsequent amendments and additions.

Regulatory acts for the section “Duration of working hours”

• Resolution of the Ministry of Labor of Russia dated June 30, 2003 No. 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers”;
• Decree of the Government of the Russian Federation of December 30, 1998 No. 1588 “On establishing for general practitioners (family doctors) and nurses of general practitioners (family doctors) an annual additional paid 3-day leave for continuous work in these positions”;
• Resolution of the State Labor Committee of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298/P-22 “On approval of the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day”;
• Decree of the Government of the Russian Federation of February 14, 2003 No. 101 “On the working hours of medical workers depending on their position and (or) specialty.”

Commentary on Article 92 of the Labor Code of the Russian Federation

1. Shortened working hours mean working hours reduced compared to normal due to harmful and (or) dangerous working conditions, other features of work activity, as well as due to the need for special labor protection for certain categories of workers.

2. The commented article establishes the maximum duration of reduced working hours during a calendar week. The duration of daily work (shift) of persons for whom a shortened working week is established is regulated by Art. 94 TK.

3. Working hours for persons under 18 years of age and disabled people of group I or II are reduced regardless of the nature of the work, sector of the economy and other circumstances.

4. For students of educational organizations who have reached the age of 14 and work during the academic year in their free time from school (Article 63 of the Labor Code), working time cannot exceed: for workers under the age of 16 - 12 hours. per week, aged 16 to 18 years - 17 hours. 30 min. in Week.

5. The rules for reducing the working hours of persons engaged in hazardous and hazardous work are currently in the process of being changed. For a long time, the procedure for providing reduced working hours and additional paid leave to employees engaged in work with harmful and difficult working conditions was regulated on the basis of the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and shortened working day, approved. Resolution of the USSR State Committee on Labor and Social Issues (hereinafter referred to as the USSR State Committee for Labor) and the Presidium of the All-Union Central Council of Trade Unions (hereinafter referred to as the All-Union Central Council of Trade Unions) dated October 25, 1974 N 298/P-22, and the Instructions on the procedure for applying the List of production facilities, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved. Resolution of the State Labor Committee of the USSR and the Presidium of the All-Union Central Council of Trade Unions of November 21, 1975 N 273/P-20.

Decree of the Government of the Russian Federation of November 20, 2008 N 870 “On the establishment of reduced working hours, the duration of additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions” was changed the principle and procedure for determining the circle of workers employed in work with harmful, difficult and dangerous working conditions and compensation for work in such conditions. The basis for establishing the duration of reduced working hours and providing annual additional paid leave was recognized not to be the inclusion of a profession and position in a centrally approved list, but the direct employment of the employee in work associated with the adverse effects on human health of harmful factors established based on the results of certification of workplaces according to the conditions labor.

Federal Law No. 426-FZ of December 28, 2013 “On special assessment of working conditions” approved a new procedure for assessing working conditions. Since 2014, instead of workplace certification, a special assessment of working conditions has been introduced, which consists of creating a single set of consistently implemented measures to identify harmful and (or) dangerous factors in the working environment and the labor process and assessing the level of their impact on the employee, taking into account the deviation of their actual values ​​from standards (hygienic standards) established by the federal executive body authorized by the Government of the Russian Federation for working conditions and the use of individual and collective protective equipment for workers.

Working conditions according to the degree of harmfulness and (or) danger are divided into four classes - optimal, acceptable, harmful and dangerous working conditions.

Harmful working conditions (class 3) are working conditions under which the levels of exposure to harmful and (or) hazardous production factors exceed the levels established by the standards (hygienic standards) of working conditions. In turn, harmful working conditions are divided into subclasses, or degrees. There are four degrees of harmfulness: first, second, third and fourth (3.1, 3.2, 3.3, 3.4).

Hazardous working conditions (class 4) are recognized as working conditions in which the employee is exposed to harmful and (or) dangerous production factors, the levels of exposure of which during the entire working day (shift) or part of it can create a threat to the life of the employee, and the consequences of exposure to these factors cause a high risk of developing an acute occupational disease during work. The results of the assessment of working conditions are used to establish guarantees and compensation for employees.

Part 5 of the commented article emphasizes that a reduction in working hours is not established for all workers with hazardous working conditions, but only if the employee’s working conditions correspond to degrees 3 and 4 of harmfulness or the working conditions are dangerous. When ensuring safe working conditions at workplaces, confirmed by the results of a special assessment of working conditions or the conclusion of a state examination of working conditions, guarantees and compensation for workers are not established (Part 4 of Article 219 of the Labor Code).

The working hours of a specific employee engaged in work with harmful and dangerous working conditions are established by an employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of a special assessment of working conditions.

If, before January 1, 2014, workplaces were assessed for working conditions, a special assessment of working conditions may not be carried out for five years from the date of completion of this certification, except for the cases provided for in Part 1 of Art. 17 of the Federal Law “On Special Assessment of Working Conditions”. The reduced working hours are established based on the results of workplace certification, carried out in accordance with the legislation in force before the entry into force of this Law.

In the commented article, which establishes the maximum norm of shortened working hours for workers engaged in work with harmful and (or) dangerous working conditions, a new procedure has been introduced for increasing the duration of shortened working hours, which is not overtime work. Increasing the duration of reduced working hours to 40 hours. per week is allowed if it is provided for by an industry (inter-industry) agreement covering employees of the relevant organization, a collective agreement, and if there is a written consent of the employee, formalized by concluding an additional agreement to the employment contract. Monetary compensation for such work is paid in the manner, amount and on the terms established by industry (inter-industry) agreements and collective agreements.

6. A special procedure for reducing working hours is established for persons employed in work with chemical weapons (Federal Law of November 7, 2000 N 136-FZ “On the social protection of citizens employed in work with chemical weapons”). Depending on the nature of the work with chemical weapons, citizens engaged in these jobs are assigned a shortened 24-hour or 36-hour work week.

List of industries with hazardous working conditions, work in which entitles citizens employed in work with chemical weapons to benefits and compensation, and List of professions and positions in industries with hazardous working conditions, work in which entitles citizens employed in work with chemical weapons weapons, for benefits and compensation, approved by Decree of the Government of the Russian Federation of March 29, 2002 N 188. Citizens engaged in work with chemical weapons, benefits and compensation are provided on the basis of joint decisions of the relevant federal executive authorities and the Minister of Industry and Trade of the Russian Federation, agreed with the Ministry of Health and Social Development of the Russian Federation, based on the results of certification of workplaces for working conditions.

7. For medical workers, working hours cannot exceed 39 hours. in Week. Within these limits, the working hours of medical workers, depending on their position and (or) specialty, are determined by the Government of the Russian Federation (Article 350 of the Labor Code). Lists of positions and (or) specialties of medical workers, organizations, as well as departments, wards, offices and working conditions, work in which gives the right to a shortened 36-hour, 33-hour or 30-hour work week, were approved by the Decree of the Government of the Russian Federation dated 14 February 2003 N 101 “On the working hours of medical workers depending on their position and (or) specialty.”

Veterinary specialists of institutions directly involved in the provision of anti-tuberculosis care, as well as employees of organizations for the production and storage of livestock products serving farm animals with tuberculosis, and other workers directly involved in the provision of anti-tuberculosis care, employees of organizations for the production and storage of livestock products serving patients tuberculosis of farm animals, whose occupation is associated with the risk of infection with Mycobacterium tuberculosis, have the right to a shortened working week of 30 hours. (Order of the Ministry of Labor and Social Protection of the Russian Federation dated September 11, 2013 N 457n).

8. Other categories of workers for whom reduced working hours are established include teaching staff of educational organizations.

The working hours of teaching staff cannot exceed 36 hours. in Week. Depending on the position and (or) specialty, taking into account the characteristics of the work, the duration of their working time (standard hours of teaching work per wage rate) is determined by the federal executive body authorized by the Government of the Russian Federation (see Article 333 of the Labor Code and the commentary thereto).

9. In accordance with Order of the Ministry of Transport of the Russian Federation dated November 21, 2005 N 139 “On approval of the Regulations on the peculiarities of working hours and rest time for crew members of civil aviation aircraft of the Russian Federation,” the working hours of flight crew members and flight operators cannot exceed 36 hour. in Week.

10. During the academic year, employees studying in evening (shift) general education organizations are assigned, at their request, a working week shortened by one working day or the corresponding number of working hours (if the working day is shortened during the week); during the period of release from work, these employees are paid 50% of the average earnings at their main place of work, but not less than the minimum wage (see Part 3 of Article 176 of the Labor Code and the commentary thereto).

11. Shortened working hours are established for certain categories of working women. A 36-hour working week (if a shorter working week is not provided for by federal laws) is established for women working in rural areas (Resolution of the Supreme Council of the RSFSR of November 1, 1990 N 298/3-1 “On urgent measures to improve the situation of women, family, maternal and child health in rural areas”). For women working in the Far North and equivalent areas, a 36-hour working week is established by a collective or labor agreement (see Article 320 of the Labor Code and the commentary thereto). In these cases, wages are paid to women in the same amount as for a full working week.