Shortened pre-holiday working days according to the Labor Code of the Russian Federation

Half-holiday

Article 93 of the Labor Code of the Russian Federation says that the working day can be shortened if both interested parties agree with this provision.

According to the law, several options for reducing the working hours are permissible:

Fewer hours throughout each day.
Reducing the total number of working days. But work shifts are of standard duration.
Reducing the percentage of time required to solve specific problems.
For certain groups of citizens, reduced working hours are the norm.

How work is done on a pre-holiday day

The pre-holiday working day provided under the Labor Code is noted in the timesheet according to special rules. But many personnel workers do not know about this and continue to enter the usual number 8 on such days. However, on such dates, employees work less than the allotted time of employment. For example, an employee on a 40-hour work week works only 7 hours on the day before a holiday. Consequently, if this fact is not indicated on the report card, inspectors from the labor inspectorate may come to the conclusion that the person overworked and the employer violated the requirements of the law. How to avoid problems?

First of all, enter data in real time. If an employee is employed on an 8-hour day, for the pre-holiday day it is necessary to report attendance at 7 o’clock. If a person works a shortened 7-hour day – 6 hours. If you work part-time for only 4 hours every day, set it to 3 hours on the day before the holiday, etc. Thus, the letter designation for shortened dates before official holidays remains the same - “I”, and the number of hours is indicated with a decrease of 1 hour according to stat standards. 95 TK. Salaries are calculated taking into account the above nuances.

Should I draw up an order to reduce the working hours of the enterprise or not? In principle, since this requirement is regulated by labor law, there is no such need. But if the employer decides to issue such an order, this will not be considered a violation either. After all, it’s easier to remind employees that they can leave work early.

Part-time work in relation to shifts

HR and accounting representatives will definitely say that one concept is different from the other. A shortened working day is the employment of citizens when the time required to perform duties is reduced, but the salary remains standard.

When there is an official reduction in working hours, it is prohibited to reduce the level of wages without other grounds. Such actions are considered illegal.

If we mean part-time work, wages are calculated based on a standard schedule. And payments are made only on the basis of actual time worked. Then employees are not given the full salary.

Article 95 of the Labor Code of the Russian Federation. Duration of work on the eve of non-working holidays and weekends

N 4).

With a 5-day work week, the weekly time limit is distributed among the days of the week by a schedule or routine. Therefore, the legislation does not establish a reduction in the duration of the work shift on the eve of the weekend, as is provided for a 6-day work week.

If in continuously operating organizations and in certain types of work it is impossible to reduce the duration of work (shift) on a pre-holiday day, overtime must be compensated by providing the employee with additional rest time or, with the consent of the employee, payment in the form of overtime work.

Article 152 of the Labor Code of the Russian Federation regulates the procedure for paying overtime work.

For which categories of employees are part-time working days mandatory?

92 in the Labor Code of the Russian Federation - article number, which describes persons who cannot work in principle without reduced time:

With conditions causing harm to health. Then you can work no more than 36 hours in a week.
Representatives of 1-2 disability groups. For them, the weekly norm is 35 hours.
The same limit applies to persons aged 16, 18 years.
A week to a day, the work norm for those under 16 years of age is reduced.
For hazardous conditions, additional checks are carried out. As a result, jobs are assigned a 3rd or 4th degree.
The remaining categories of citizens are those for whom the manager introduces benefits at his own discretion:
After issuing medical orders requiring care for relatives with a serious illness.
When caring for sick children who have a disability group.
One of the parents cannot go to work due to caring for a child under 14 years of age.
Pregnant women.

Friday is a short day according to the labor code

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Juliet Shore (1991) estimated that the efficiency of American manufacturing doubled between 1950 and 1990. In accordance with the Resolution of the Supreme Council of the RSFSR “On urgent measures to improve the situation of women, families, protection of motherhood and childhood in rural areas” dated November 1, 1990 for women working in rural areas (including those who work in agricultural production, work in workshops of industrial enterprises and other enterprises located in rural areas), a 36-hour work week is established.

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In the case of pregnant women

They typically design regular non-working days. Cancellation occurs when the citizen returns to performing work duties as usual. The main feature is the incomplete amount of payment. Remuneration is calculated based on the time actually allocated to work in a given case.

Practice in such situations involves the use of the term “reduced time,” which is not entirely correct. Article 93 of the Labor Code of the Russian Federation protects the rights of women who are expecting a child.

Women with children under 14 years of age are subject to the same rules. And payment is carried out according to the same rules.

Holiday calendar

In Russia, the Labor Code defines public holidays. They are official holidays:

New Year holidays - from 01.01 to 06.01 and 08.01 (according to the amendments made to Article 112 of the Labor Code of the Federal Law No. 35-FZ dated 04/23/2012);
Nativity of Christ - 07.01;
Defender of the Fatherland Day - 23.02;
International Women's Day - 08.03;
Spring and Labor Day - 01.05;
Victory Day - 09.05;
Russia Day - 12.06;
National Unity Day - 04.11.

Pre-holiday days are working hours that immediately precede the holidays. If there is a Saturday or Sunday before a holiday, then working Friday is not a shortened pre-holiday day.

Working days whose duration is reduced by one hour:

2017: November 3, March 7 and February 22;
2018: February 22, March 7, April 28, May 8, June 9, December 29.

Please note: if a working day (Saturday or Sunday) occurs due to the postponement of a pre-holiday day, then the duration of work at this time is reduced by one hour, because it is considered a shortened pre-holiday day.

For example, in April 2020, the working day of April 30 (which precedes the holiday) will be moved to Saturday 28. The pre-holiday day in this case is April 28, not April 30.

For minor workers, in the field of education and medicine

In addition to the above-mentioned Article 92 of the Labor Code of the Russian Federation, it is advisable to consider the conditions described in Article 94. It states how long a work shift should specifically last. The main provisions include the following:

4 hours – if you are 16–18 years old and combine work and study.
2.5 hours - when, throughout the year, job responsibilities are combined with education in technical schools and colleges.
7 hours – ordinary citizens, 16–18 years old.
5 At the age of 15–16, citizens work every day for a maximum of 5–6 hours.

Special conditions apply to doctors and teachers.

The Ministry of Education and Science itself has established similar working conditions for the above-mentioned citizens. 36 hours is the standard total amount of time per week. How long a particular citizen will ultimately work at a particular enterprise is influenced by the position along with the specialty. A shortened week must be introduced for:

Teachers for pre-conscription training.
Managers in institutions that deal with physical training of the younger generation.
Leaders or mentors in scientific activities.
Social psychologists and teachers, counselors in children's camps.
Senior educators in educational organizations and orphanages, institutions for additional education of the younger population.
Professors, university teachers. If citizens receive additional education, the program falls under the same rules.

For workers with hazardous working conditions

Experts study the current work environment, which will allow them to determine how dangerous the conditions in a particular workplace will be. Experts study the extent to which each factor influences the citizens themselves and their performance of work.

According to legal regulations, there are 4 classes of jobs depending on the conditions associated with them. There are several features worth noting:

Acceptable conditions are when there is practically no impact on the health of citizens.
Harmful factors – when health changes significantly. And if there is a possibility of the disease progressing to the chronic stage.

Shortened working hours: about the registration procedure

Such clauses are usually specified in the employment contract with employees in advance. The basis is the citizen’s compliance with one of the categories specified in Article 92 of the Labor Code of the Russian Federation.

Then you need to indicate for what reason the reduction in working hours is being formalized. Usually this is the age of the subordinate, or the presence of harmful factors at the production facility. In the case of some positions, it is recommended to include information about a reduction in working hours in collective labor agreements.

It is impossible to do without the formation of a specific order related to the position and the time regime. It should contain the following information:

A note indicating that the employee has been familiarized with the document. To do this, the citizen puts a personal signature.
Signatures of both interested parties.
Information about what kind of employment contract was concluded between the parties, how.
Information about the trial period, if any.
The procedure for calculating earnings and transferring money to a citizen.
Description of weekends and breaks, standard duration of one day.
Reasons why working hours are reduced.
Passport details of the subordinate, position and department to perform duties.
The exact time when the documents were completed.
Full company name.

An employer extends a shortened working day - what to do?

In some cases, the employer cannot shorten the pre-holiday day for its employees. This may be due to the continuous production cycle or the type of activity of the company. In order to find out how compensation for overtime on pre-holiday days occurs, you need to refer to the provisions of the Labor Code on a pre-holiday day that is an hour shorter:

Work without shortening the pre-holiday day will be overtime work. 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.
A working citizen can take advantage of additional rest for overtime on a pre-holiday day at any other time. For example, overtime hours can be summed up and added to the main leave.
The employer has every right to independently decide when to provide employees with additional rest. In this case, he must issue an appropriate order. The procedure for providing compensation must be reflected in the company’s internal regulations.
The Labor Code does not establish any restrictions on the periods when additional benefits can be provided. rest. In this regard, each organization must independently establish these periods in its internal regulations.
If company directors do not provide their employees with any compensation for not shortening the pre-holiday day by 1 hour, the director may receive administrative liability. It is even possible to suspend the activities of the entire organization.
Compensation is made with the consent of the employee, but not at his request. He cannot independently choose what compensation to receive - in the form of additional compensation. rest or in the form of additional payment. The employer takes the initiative, and the employee decides whether to agree or not.
A working citizen needs to know that with monetary compensation, overtime is paid at one and a half times the rate.
If the employee agreed to receive monetary compensation, this fact will need to be documented in writing. It is necessary for the employee to submit a written application addressed to the management of the organization.

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