Shortened working hours are a reduced length of a working day or shift compared to standard values. Such privileges are established in relation to certain categories of citizens. Let's figure out who should work less and what to do with payment, because the standard has not been worked out.
Who should work less? Officials have identified several options for the development of events. So, for example, for some categories of workers, the establishment of reduced working hours is the direct responsibility of the employer, while for others it is the desire of the employee.
Mandatory requirements
So, according to the current legislation, reduced working hours are established in relation to the following categories of workers (Part 1 and Part 4 of Article 92 of the Labor Code of the Russian Federation):
- Workers under 16 years of age can work no more than 24 hours a week. And if a teenager also combines work with study (general or secondary vocational education, but only during the academic year), then the duration is halved and is only 12 hours a week.
- Youth from 16 to 18 years old must work no more than 35 hours per week. When combined with studies (similar conditions) - no more than 17.5 hours per week during the academic year.
- Disabled people of the first and second groups - up to 35 hours a week.
- Workers in hazardous or hazardous industries - up to 36 hours. However, dangerous or harmful (grade 3 or 4) working conditions must be confirmed by a special labor assessment.
The designated norm for dangerous and harmful professions can be reduced further, for example, under the terms of an intersectoral (sectoral) agreement, collective agreement or other local act of the employer. The norm can be increased up to 40 hours, subject to the conditions specified in Part 3 of Art. 92 Labor Code of the Russian Federation.
Limits on the length of working periods are also established for medical workers - no more than 39 hours (Article 350 of the Labor Code of the Russian Federation). Teachers were no exception, for them the norm is no more than 36 hours (Article 333 of the Labor Code of the Russian Federation). Specialists who work with chemical weapons were also noted separately. Standards were established for them in Law No. 136-FZ of November 7, 2000.
Additional privileges also apply to women. For example, for women workers in rural areas, a limit of 36 hours is set. A similar restriction is provided for working women of the Far North.
Historical reference
On June 12, 1990, at the first congress of people's deputies of the Russian Soviet Federative Socialist Republic, the Declaration of State Sovereignty of the RSFSR was adopted.
From 06/11/1992, according to a resolution of the Supreme Council of the Russian Federation, June 12 began to be considered a holiday, as “The Day of Adoption of the Declaration of State Sovereignty of the Russian Federation.”
On September 25, 1992, corresponding changes were made to the Labor Code.
On June 12, 1998, B.N. Yeltsin, in his television address to Russians, proposed giving the holiday a new name - “Russia Day.” Later this day began to be called Independence Day.
Officially, this name - “Russia Day” - was assigned to the holiday with the adoption of the new Labor Code of the Russian Federation in 2002.
Every year on this memorable day, many celebrations are held in the country. In the Kremlin, the President of the Russian Federation presents State Prizes to honored figures of our country, the holiday is celebrated in city squares, ending in the evening with colorful fireworks.
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"...according to my desire"
As we noted above, some employees in certain cases may demand that the employer reduce their working hours. That is, upon their written request, the employer must reduce labor time. These are listed in Part 2 of Art. 93 of the Labor Code of the Russian Federation, these include:
- pregnant women;
- one of the parents, guardians, or other persons raising a child under 14 years of age or a disabled child under 18 years of age;
- a person caring for a sick family member for medical reasons.
Please note that the termination of special conditions (reaching a certain age of a child or childbirth) is the basis for transferring the employee to a normal day. In general, a shortened working day for pregnant women or for parents and guardians is established taking into account the wishes of the employee, as well as taking into account the working conditions of a particular employer.
IMPORTANT!
An organization may establish a shortened working week at the initiative of the employer. That is, the employer, taking into account the peculiarities of the production cycle and the specifics of the institution’s activities, has the right to approve by separate order a list of positions not specified in the current federal legislation, but for which a reduced time period is established.
Shorter working day. Shortened pre-holiday working day according to the Labor Code of the Russian Federation
In this regard, the employer will have to compensate for this processing. The main compensation option is the provision of additional time for rest. An option with monetary compensation is also possible. However, this option can only be used with the written consent of the employee.
Issues about working time regimes are defined in the Labor Code. The working regime on a pre-holiday day is established in Article 95. In accordance with it, the duration of the working day on such a day should be reduced by one hour.
According to the law, a shortened pre-holiday day is:
- That labor day that comes before Russian public holidays.
- It is worth understanding that only those holidays that are prescribed in the Labor Code in Article 112 are recognized as public holidays. Such holidays are:
- From the first to the fifth of January – New Year celebration;
- The seventh of January is Christmas;
- The twenty-third of February is Defender of the Fatherland Day;
- The eighth of March is International Women's Day;
- The first of May is Labor Day;
- The ninth of May is Victory Day;
- The twelfth of June is Russian Independence Day;
- The fourth of November is National Unity Day.
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In this regard, the employer will have to compensate for this processing. The main compensation option is the provision of additional time for rest. An option with monetary compensation is also possible. However, this option can only be used with the written consent of the employee.
In turn, an organization operating in a given region is obliged to comply with the requirements contained in the regulatory legal acts of the constituent entity of the Russian Federation. And if a non-working day has been established in the region due to a religious holiday, then the employer does not have the right to force its employees to work on this day. He can attract workers to work under such circumstances only in exceptional cases (
New edition of Art. 95 Labor Code of the Russian Federation
The length of the working day or shift immediately preceding a non-working holiday is reduced by one hour.
In continuously operating organizations and in certain types of work, where it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime is compensated by providing the employee with additional rest time or, with the employee’s consent, payment according to the standards established for overtime work.
On the eve of the weekend, the duration of work in a six-day work week cannot exceed five hours.
- Work without shortening the pre-holiday day will be overtime work.
How to pay
The issue of payment for shortened time is more relevant than ever. After all, the employee has not worked the generally accepted standard, how much should he be paid?
Officials have determined the following rules. Thus, for an employee for whom reduced time is established by federal law, full payment is established. In simple words, such an employee will receive the same as for a fully worked standard. After all, the provisions of the Letter of the Ministry of Health and Social Development of the Russian Federation dated May 11, 2006 No. 12918/MZ-14 determine that it is for such workers that shortened work shifts (days) are the norm. And therefore, there can be no talk of any reductions in wage conditions.
Example #1
The doctor's salary is 50,000 rubles per month. The norm is 39 hours a week.
After working all 39 hours, the doctor will receive a full salary - 50,000 rubles.
Example No. 2
The cleaning lady's tariff rate is 15,000 rubles. The organization is located in a rural area.
After working 36 hours, the employee will receive a full salary of 15,000 rubles.
When is the day off transferred? Features of the labor regime during continuous work
The legislation makes it possible to postpone the day off. In particular, in accordance with the norms of the Labor Code, if a holiday coincides with a weekend, then the weekend is transferred to the next working day. In this case, the duration of the working day is equal to the duration of the working day for which the transfer was made. When making a weekend transfer, a corresponding decision of the Government is required.
The pre-holiday working day is shortened regardless of the duration of daily or weekly work. But there are some exceptions, such as continuous production. In particular, in continuously operating companies in which reductions in working hours are not allowed, the length of the working day cannot be reduced.
This approach is explained by the fact that continuous production is a series of technological processes that cannot be stopped without causing significant damage to the production process. This approach is justified by the nature of technology.
Examples of continuity of the production process can mainly be found in industry (workshops, lime kilns, etc.). This category also includes institutions such as hospitals and public transport.
Taking into account the peculiarities of continuous production, as well as the importance of some institutions, the length of the working day on the eve of holidays in such institutions is not reduced. If for some reason it is impossible to suspend the work process on non-working days, then the length of the working day on the eve of the holiday is also not reduced.
Exceptions
There are exceptions to the system:
- Minor workers who work on a time-based basis receive payment for the time actually worked, taking into account the reduced duration of work (Article 271 of the Labor Code of the Russian Federation).
Example No. 3
Vesna LLC hired a teenager at the age of 17 as a courier. The official salary is 40,000 rubles. The standard working time is 40 hours/day. The organization has established a time-based payment system. The terms of the employment contract specify a shortened working week—35 hours.
Therefore, the courier is entitled to payment for a fully worked month:
40,000 / 40 hours × 35 hours = 35,000 rubles.
- Those working in hazardous or hazardous industries are paid at an increased rate. The minimum bonus for harmfulness is 4% of the tariff rate or salary.
- Employees who combine work and study via part-time or part-time courses. For such employees during the period of study (during release from work), the salary is set at 50% of the average earnings at the main place of work, but not lower than the minimum wage.
Remuneration for workers for whom part-time work is established, at their request (Part 2 of Article 93 of the Labor Code of the Russian Federation), is established in proportion to the time worked or depending on the amount of work performed.
Example No. 4
Accountant of Vesna LLC Matreshkina A.A. is a single mother of a five-year-old daughter. In December 2020, the employee wrote a statement asking to change her work schedule and transfer her to part-time. By agreement with the employer, Matreshkina’s working day was reduced from 8 hours to 6.5 hours. The work week was reduced from 40 hours to 26 hours.
The official salary of an accountant at Vesna LLC is 80,000 rubles.
Payroll calculation: 80,000 / 40h / 26h = 52,000 rubles.
Rules for reducing pre-holiday days
Work on a pre-holiday day according to the Labor Code is reduced in accordance with the following rules:
- The pre-holiday working day to be shortened must occur immediately before the public holiday. If the holiday falls on Monday, then Friday is not recognized as a pre-holiday day and, therefore, will not be shortened.
- The work shift on the pre-holiday working day is shortened for absolutely all workers: for those who work a five-day or six-day work week; for those who work part-time and for those who work part-time or part-time.
- If before a holiday a replacement of working and non-working days is carried out (for example, any day of the work week and Saturday are swapped), then working Saturday will be a pre-holiday day only in the situation when it comes before the holiday itself.
If the newly formed working day does not immediately precede a holiday, then the working time will not be reduced.
- The pre-holiday working day to be shortened must occur immediately before the public holiday. If the holiday falls on Monday, then Friday is not recognized as a pre-holiday day and, therefore, will not be shortened.
- The work shift on the pre-holiday working day is shortened for absolutely all workers: for those who work a five-day or six-day work week; for those who work part-time and for those who work part-time or part-time.
- If before a holiday a replacement of working and non-working days is carried out (for example, any day of the work week and Saturday are swapped), then working Saturday will be a pre-holiday day only in the situation when it comes before the holiday itself. If the newly formed working day does not immediately precede a holiday, then the working time will not be reduced.
Salary calculation procedure
The amount of wages in such cases largely depends on the category of workers and the type of salary they receive. For example, the salary of a “piece-worker” is calculated based on the amount of work he performs. Workers on half a day's wages receive their money based on a set daily wage rate.
If an employee receives his salary on an hourly basis, then in this case his salary will be calculated based on the period of time he worked. In such cases, only the time when the employee actually fulfilled his work obligations is paid. If employees' wages are fixed, they receive it in full. After all, reducing working hours is legal.
If employees work in institutions that must operate continuously, then in this case they receive compensation for additional time worked. In such cases, the employee may receive additional rest time or receive an additional amount of money. In case of monetary compensation, its amount is calculated based on the standards provided for payment of overtime work.
