The working day at the enterprise was 8 hours. Working hours in non-standard situations

Work schedules vary. So, some subordinates work in shifts or on a rotational basis, others work an 8-hour workload per day. There are categories of workers who are allowed to work reduced or part-time. But still, 8 hours of work, 5 days a week, is the most common mode in our country. And this has scientific and practical justification.

What is the reason for the introduction of an 8-hour working day?

The concept of “working time” is used in the norms of the Labor Code of the Russian Federation.

Working hours- this is the time spent by a subordinate on performing professional duties.

The length of the working day and week in any organization depends on the goals pursued by management.

Table: types of working time

Name of type of working time	Peculiarities
Normal working hours	The norm is 40 hours of work per week. This type is the most popular and is used in many organizations.
Reduced working hours	The subordinate will be involved in work less than 40 hours per week. For some workers, such a norm is established at the legislative level.
Part-time work	Part-time working time is expressed: part-time work week (the number of working days per week is reduced); part-time work (the length of work is reduced daily work). Such a schedule is established by agreement between the employee and the employer.
Irregular working hours	By agreement with the employee, the employer has the opportunity to involve him in performing tasks beyond 40 hours a week without additional payments for overtime. But this should not be regular, but episodic.

When and why was the 8-hour working day introduced?

A working day of 8 hours was introduced in the USSR by a special decree (November 11, 1917). Back then we worked 48 hours a week with one day off. Later, daily and weekly labor standards changed several times until they were finally established in 1991. Then a law was passed that introduced a 40-hour work week. Subordinates could now work 5 or 6 days a week, 8 or 7 hours a day, respectively. This provision was enshrined in the Labor Code, and then in Labor Code RF.

The introduction of an 8-hour working day was determined by the fact that such a time is optimal from the point of view of human physiology. If a person works longer, his productivity decreases, which affects the quality of the work done. A shorter duration will affect the success of the enterprise. Forcing a subordinate to work more than 40 hours leads to penalties against the employer.

Video: Why 8 hours of work is considered the standard and how to use it effectively

How to arrange an 8-hour working day in an organization

The procedure for introducing a standardized working day in an organization consists of several stages:

1. Justification (the employer analyzes why an 8-hour working day suits him best).
2. Determining the category of workers who will work 8 hours a day (if such a regime is not appropriate for everyone).
3. Reflection of the regime in the local regulatory act of the organization and a description of all the conditions that become relevant with an 8-hour working day.
4. Issuance of the relevant order. This could be an order to introduce an 8-hour working day for an individual employee, a group or the entire team. Or they introduce changes to the local acts of the enterprise.

The normalized working day is approved by the documentation:

• labor or collective agreements;
• agreements to the contracts listed above;
• internal labor regulations.

When applying for a job in an organization, a citizen expresses his consent to the proposed work schedule. All the nuances of a normal working day and week are recorded in employment contract.

An employment contract is a document concluded between an employer and a new employee upon employment.

In the employment contract mandatory the following is indicated:

• labor functions of a new employee;
• working conditions;
• working hours (hours of daily work and days off are prescribed);
• rights and obligations of the parties to the contract;
• liability for violation of the terms of the employment contract;
• duration of the agreement (if this is a fixed-term relationship), etc.

An employment contract is one of the documents that fixes the working hours of an employee of an organization.

If working conditions change in the future, an additional agreement is developed where all innovations are recorded.

Internal labor regulations (ILR) are a local regulatory act of an organization that regulates the procedure for employment and dismissal of subordinates.

The PVTR contains the following:

• length of the working day (in this case it lasts 8 hours a day);
• start and end times of daily work;
• start and end times of breaks for rest and food;
• duration of weekly continuous rest - days off;
• the procedure for granting annual paid leave;
• conditions for accruing incentives for success in work;
• the procedure for penalties for violations of labor discipline.

PVTR organizations are approved by management only after the representative body of workers (for example, a trade union) expresses its opinion on the content of the document being developed.

Most often, PVTR are developed with the participation of a trade union

As a rule, an order to introduce an 8-hour working day in an organization is not issued if such a regime has been in effect from the very beginning. If a subordinate worked in a different mode, the duration of working hours may be revised.

This often happens when a person worked part-time and wants to transfer to standard conditions in order to earn more. The initiative to transfer to an 8-hour working day comes from pregnant women, students, part-time workers, and workers who have recently turned 18 years old (before this age, by law, they are entitled to a shortened working day).

If the grounds for reducing the work schedule are no longer relevant, the subordinate writes an application to transfer him to full time. The HR department, on behalf of the boss, issues a corresponding order (instruction).

The application must contain:

• name of the organization;
• position of the manager in whose name the document is drawn up;
• position and full name of the employee;
• request for transfer to full-time work;
• the date from which the worker is ready to start working full-time;
• employee signature.

The application for transfer to full-time work must indicate the date of the new work schedule

The transition to an 8-hour working day is reflected in an additional agreement to the employment contract

Order on an 8-hour working day

The order for transfer to full-time work is drawn up in free form and includes the following information:

• date of introduction of the normalized working day;
• working conditions with an 8-hour working day;
• a list of breaks that a subordinate can count on during the day;
• signature of the employee (put by the employed person if he agrees with all the conditions of transfer to full time).

Management does not have the right to force a subordinate to work full time. The employed person must express his written consent to 8 hours of work per day.

The order introducing an 8-hour working day must contain information about the beginning and end of working hours

In what cases can the 8-hour working day be reduced?

The Labor Code of the Russian Federation provides a certain circle of workers with the opportunity to work less than 40 hours a week. There are two possibilities to reduce the length of the working day and week:

• reduce working hours;
• introduce part-time work.

A shortened working day is mandatory for a certain group of people. Work is paid as under a normal work schedule (except for minors).

Table: list of persons entitled to a reduced work schedule

Category of workers	Duration of work
Persons under the age of majority	The following number of hours is established depending on age: from 12 to 24 hours a week if the employee is under 16 years of age; from 17.5 to 35 hours per week if the age is from 16 to 18 years.
Workers with disabilities	Working hours should not exceed 35 hours per week.
Citizens working in conditions that are recognized as harmful and dangerous	The duration of the work week is no more than 36 hours.
Teachers	They work no more than 36 hours a week.
Workers in the medical field	Work does not exceed 39 hours per week.
Part-time and part-time and part-time forms training	May work 33 hours per week in the following cases: before starting the graduation project (work); before taking state exams.

Part time

You have the right to work part-time or a week:

• pregnant women;
• one of the parents (guardian, trustee) with a child under the age of 14 years or a child with a disability under the age of 18;
• persons caring for a sick family member.

As a rule, a document evidencing such need is attached to an application requesting the right to work part-time.

For part-time work, the salary will be calculated in accordance with the hours worked.

Breaks during an 8-hour workday

During the day, the organization's personnel can count on certain breaks in labor process. They are necessary to restore the strength of subordinates and increase their performance. Only a portion of these breaks are counted as working time and paid.

According to the law, the manager must provide employees with the following breaks:

• special breaks for heating and rest;
• periods intended for feeding the child (every 3 hours for 30 minutes);
• breaks due to the nature of the work (for example, for professional computer users).

The lunch break is not part of the working time, so no payment is made for this period. It is understood that the employee is free to use such a pause in the work process at his own discretion.

If the specifics of production do not allow time for lunch, such a break is included in working hours.

Breaks during an 8-hour working day in total should not exceed 2 hours. The employer has the right to independently decide when exactly the employee can take a break. All the nuances of suspending the work process are recorded in the internal documents of the organization.

Advantages and disadvantages of an 8-hour workday

The benefits of an 8-hour workday include the following:

• It’s easy to plan work and rest - everything is scheduled according to the days of the week;
• devoting 8 hours to work is easier for the body than, for example, 12;
• guaranteed rest on weekends and holidays;
• It is easy for employers to monitor their subordinates;
• According to the standard 8 hours, it is easier for HR officers and accountants to keep records;
• there is no excessive attention from the labor inspectorate.

The disadvantages include the following:

• It is not easy for some subordinates engaged in heavy production to work for such a long time;
• if you need to be personally present in the office every working day, you need to spend time and money on travel;
• 8 hours of a standard working day most often coincide with reception hours in official institutions, so in order to obtain various certificates you have to negotiate with management about time off;
• if the nature of the work does not imply the possibility of postponing an unfinished process until the next day, overtime will occur (for the employer this is an additional expense, and for subordinates it is a reason for dissatisfaction);
• Such a schedule, as a rule, is not suitable for creative people.

Since the times of the USSR, many organizations in our country have had an 8-hour working day. Scientists believe that this is the number of hours a day that a person can work most effectively and without harming his health. A working day of this duration is fixed in the internal documents of the organization. When establishing an 8-hour working day, management must proceed from the specifics of the area in which it operates. In addition, it is necessary to take into account the advantages and disadvantages of normal working hours.

I remember exactly that in LiveJournal there was already a post on this topic in the TOP and you probably know the answer to how and why we now have an 8-hour working day. But today I was asked such a question, but I really couldn’t remember the circumstances of it.

I started looking for information about this on the Internet and suddenly discovered that half of the sources mentioned a completely incorrect version. Moreover, I definitely remembered that she is completely well-known and you probably know her as popular.

Let's take a closer look at this issue, and you can check yourself to see if you were caught in a fake...

If you start Googling this topic, the most popular version will be something like this:

"For the first time in the history of mankind, Henry Ford, the founder of the automobile industry in the United States of America, offered his workers 8 hours of work per day in 1914. Other industrialists considered such an act insane and believed that Ford had lost his mind. However, time has shown that the brilliant entrepreneur Henry Ford was right here too - the profit of his company with the new working hours doubled! Employees were given the opportunity to rest more, which automatically gave them more strength to work more efficiently. Ford's example became contagious - the standard of the 8-hour working day spread throughout the world."(proof)

No? Isn't this the version you know?

And now this is how it really happened.

We all owe, first of all, to the widespread reduction of the working week to 40 hours to the socialist movement in Great Britain, so hated by English politicians and industrialists to this day.

The development of industry in England required large number workers, as labor productivity remained low. Therefore, at the end of the 18th century, not only men and women, but also children worked in English enterprises - parents preferred to send their child to a factory so that he would generate at least some income rather than go to school in vain. The work shift lasted 10-16 hours a day, and the working conditions and wages were equally low.

In 1810, the famous English socialist Robert Owen established a ten-hour working day for employees at his enterprise in New Lanark. Seven years later, he decided to reduce the working day again - to 8 hours. Owen even came up with a special slogan: “8 hours of work, 8 hours of play and 8 hours of rest.”

A series of socialist (later trade union) strikes in Great Britain and France, which swept through these countries and their enterprises in the first half of the 19th century, forced the authorities and industrialists to agree to reduce work shifts - to 8-12 hours for English children and women (1833) and up to 12 hours for all French workers (1848).

In his work Das Kapital, socialist ideologist Karl Marx wrote: “Excessively long working hours in capitalist production not only impair the productivity of workers, depriving them of the very possibility of normal moral and physical development, but also causes premature exhaustion and death of these same workers.”

By the way, Labor Day and May Day, celebrated in many countries around the world, are dedicated to the long-term and successful struggle of workers for an eight-hour working day. May 1, 1886 was declared by the Federation of Organized Trade and Trade Unions as the first eight-hour working day. Of course, the authorities and industrialists did not intend to introduce an 8-hour shift - the trade unions responded to this with a large-scale demonstration, in which more than 350 thousand workers took part simultaneously in several cities in the USA and Canada. Despite active attempts by the authorities to suppress mass protests by workers, strikes and demonstrations continued throughout the following years until the introduction of the eight-hour shift.

In Asia, the first country to legally establish a 40-hour working week and an 8-hour working day is India. The eight-hour clock has been operating in this state since 1912.

The first country on the European continent to legally establish an eight-hour working day for any profession was Soviet Russia. In 1917, only four days after the start October Revolution, a corresponding Decree of the Soviet government was issued. In most European countries, the 8-hour work shift was established in 1919 - after a series of multi-day and economically paralyzing trade union strikes, in which hundreds of thousands of workers participated at the same time.

Group black and white photograph of the workforce of one of the Soviet enterprises. Original. Good condition, corners a little worn. The photograph was presumably taken in the first half of 1928 on the occasion of the organization’s transition to a 7-hour working day, as evidenced by the corresponding inscription on the wall. The artifact can be considered unique - they tried not to advertise such photographs after Stalin returned the country to an 8-hour working day and a seven-day working week in the summer of 1940.

In the United States, the working class struggle for the eight-hour shift lasted particularly long. The American Congress, under pressure from workers and employees, in 1868 adopted a draft law on eight-hour work for employees federal services, however, President Andrew Jones first vetoed the bill, and later, when his veto was overturned, he agreed to sign it only on the condition of a 20% reduction wages workers - they will work less.

At the beginning of the 20th century, some American trade unions - in the mining, construction and printing industries - achieved for their members a reduction in work shifts to 8 hours while maintaining wages. But millions of other US workers and employees still worked 9-10 hours a day.

In 1912, Teddy Roosevelt actively used the slogan “an eight-hour work day for all Americans” in his election campaign, but he “forgot” about his promise shortly after moving to the Oval Office of the White House.

An unexpected step was taken by Henry Ford, founder and owner of the Ford Motor Company. On January 5, 1914, he changed the labor agreement with the staff of his company, reducing the working day from 9 to 8 hours and, which was generally unthinkable by the standards of any American industrialist, at the same time raising wages from 3 to 5 dollars per shift. Automakers ridiculed Ford, but time showed him to be right - experienced mechanics from all over the country went to work for Ford Motor Company, which allowed him to sharply increase productivity and double profits in just two subsequent years.

In 1915, another wave of strikes swept through US cities demanding an eight-hour work day. In 1916, the United States passed the Adamson Act, establishing an eight-hour workday with overtime pay, but only for railroad workers. It was not until 1937 that the United States passed the Fair Labor Standards Act, which introduced an 8-hour work shift (40-hour week) with bonuses for overtime work.

The last civilized continent to adopt an eight-hour working day is Australia. Local trade unions were able to achieve the adoption of a new labor law only in 1947, with its entry into force on January 1, 1948.

So why eight?

It is no secret that a person’s sleep and wakefulness patterns change not only under the influence of external factors (such as the same annoying alarm clock or sunlight breaking through the curtains), but also thanks to the work of the suprachiasmatic nucleus - a cluster of neurons in the hypothalamus, which, in its turn, turn, stimulates the production of hormones by the pineal gland, another brain structure. The coordinated operation of this system allows us to alternate between activity and sleep modes, even in conditions where it is impossible to determine what time it is on the clock. For example, when conducting scientific experiments or in extreme conditions when people found themselves cut off from outside world, they continued to go to bed and wake up on approximately the same schedule as in ordinary life: the duration of the “individual” day only slightly lengthened, reaching 30, sometimes up to 36 hours. However, about 8-10 hours were still allocated for sleep: the body did not require more. If orientation in the change of day and night was simplified due to the opportunity to observe sunrises and sunsets, most adults went to bed 4-5 hours after sunset, and woke up 1-2 hours after sunrise, thereby approaching the routine that is familiar to all of us : getting up around 7-8 am, going to bed at 11-12 pm.

Of course, let's not forget about chronotypes: individual predisposition to physical and intellectual activity at different halves of the day. However, “night owls” and “larks” are not personality characteristics, but physiological feature, which can change throughout life. Thus, children and old people usually wake up easier in the morning than adults. And those who, due to their line of work, have been forced to get up early or go to bed late for many years, often maintain this habit even after the need for a strict schedule disappears.

However, modern scientists are not sure that the working day must necessarily begin at 9 a.m. and continue for the entire prescribed period with a single lunch break in the middle. As mentioned above, as we grow older, the peak of working capacity shifts to the evening hours, therefore, in accordance with the latest expert recommendations, a delayed start to work activity is optimal: for example, from 10-11 am. We also need to remember about ultradian rhythms: unlike circadian rhythms, they are responsible for short-term physiological changes, which also includes changes in concentration during the day. It is for this reason that none of us is able to work with equal productivity for several hours in a row.

Hence, all sorts of progressive techniques that return us to the school schedule: 45 minutes of work followed by 10 minutes of rest (or a ratio of 90 to 20 minutes). Moreover, it is important that the rest takes place away from the “machine” - be it a computer, a car steering wheel or a microscope. Of course, if you are a surgeon or an opera singer, then interrupting in the middle of the work process will be problematic, but for most of us, the schedule allows for some changes.

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Nowadays, more and more materials are appearing that claim that the attitude of the younger generation (millennials, generation YAYA) to work differs from the attitude of representatives of other age groups. They are not loyal, are not ready to do boring work, change it easily and are not always ready to spend 8 hours 5 days a week in offices. At the same time, the market itself often cannot satisfy these needs, which are formed largely due to the presence of examples based on the careers of successful freelancers. And a real alternative that can change the current employment organization of most people, to at the moment No. Having read this far, you can start scrolling down the page in order to leave an angry comment, but after reading the article in full, you will most likely agree with it, if not completely, then at least with some of its postulates.

Recently, many companies (just like Google Inc.) are abandoning the concept of an 8-hour working day. Their schedule is not strictly regulated; employees can work remotely and at times that they define for themselves as working hours. At the same time, giving up the usual 8 hours does not in any way affect the success of the enterprise. So why don't others follow this positive experience?

And the point is not only in the presence of close and understandable examples. Various types appear scientific theories, confirmed, including experimentally, on the principles of operation human brain, extreme efficiency. For example, ultradian rhythms. The bottom line is that the brain can be focused on solving a specific problem for no more than 2 hours at a time. After this, a “recharge” is necessary. Not the one promoted by advertising (a chocolate bar or coffee), but a change of activity during which the brain can “rest.” So why do the vast majority of employers not pay any attention to such studies? Why don't they listen to innovators like Richard Eisenberg? But in fact, there are several reasons why remote work or working with a flexible schedule is inferior to a standard 8-hour working day.

Market conditions

At the dawn of the struggle for an 8-hour working day in the industrial era, everything was much simpler: stood at the machine at the factory and made a certain number of blanks. Today, not only production is moving towards the intangible, but also the approach to work is changing. It is much easier for an employer to keep a permanent staff and pay wages even when, for various reasons, employment cannot be called maximum, than to hastily look for the necessary specialists. This is why many office workers have occasions when they compare themselves to Barney Stinson. And we’re not talking about going to a bar on a Friday night, but about the lack of a clear idea of ​​what exactly he is doing when there is no work as such.

The point here is that in certain aspects the labor market does not differ from the market in classical understanding. And the subject of bargaining on it is often time - a resource that can be easily measured, in contrast to the result (in the intangible sphere). Evaluating a secretary by the number of calls received per day is not entirely correct. After all, it is important that no matter how many there are (2 or 20), they do not remain unanswered. Therefore, buying time ensures that the right specialist will be ready to work at the right time. And 8 hours is simply a ready-made and established system of organization.

Discipline and motivation

You often read and listen about how hard it is to get up in the morning and go to work. About how uncomfortable it is to go to the office with a swollen face from lack of sleep, finishing a sandwich on the go. The picture is familiar and even ironic. But will it be possible to do without this irony otherwise? Just imagine that people woke up one morning without the need to travel or go anywhere. Will many be able to adapt and work at home in the same way as in the office? The answer smacks of pessimism, but hardly. After all, remote work is not only an opportunity to manage your own money, but also a huge effort on yourself and responsibility. And it increases significantly when you force yourself to get out of bed and start doing something.

Undoubtedly, such a situation is the dream of individuals and efficiency experts. But let's be frank and think about whether humanity is ready for such a turn now and will it ever be ready? Most likely not. Why? Yes, because, to be completely honest, we are lazy, disorganized, and prone to procrastinating. And this list goes on, but the most offensive thing here is not even this, but the fact that “we” are very large number people who are much more comfortable working within long-established boundaries than trying to establish them themselves.

Impracticality

Whatever one may say, there are areas where there is simply no place for a free schedule, like any other employment organization concept that rejects the 8-hour working day. And it may very well be that salespeople or cleaners would like to work 4 hours a day, but the cruel reality shatters such aspirations. For at least two reasons. The first is material. Is the money you earn in 20 hours a week enough to feed your family? The second is technical. Organizing an army of shift changers, clearly planning everything, eliminating many factors (for example, banal lateness) is a very difficult task to implement. There seems to be only one way out: robots should do all this. But someone must not only design and build them, but also clean and oil them.

Stability

When you look at how willingly performers sort out penny orders on copywriting exchanges, you can’t help but wonder - is remote work as good as they sometimes say? Where are the guarantees that orders will be constant? How quickly can you reach a satisfactory level of income? This is good for programmers, for whom there is always work and is highly paid, but what about everyone else? And even without a portfolio?

There are many questions, because these fears are not unfounded. Even if you are overconfident in your abilities, it is stupid to be confident in everything else. Unlike a “normal” job, where everything is simple: from 9 to 6, salary 2 times a month, benefits package, 3 weeks of vacation. It's simply a case of stability breeding confidence, and a person likes to be confident.

Habit and stereotypes

It is often very difficult for many people to understand “how you can not go to work.” Home is something that everyone associates with rest from work and is simply not perceived in any other way. And questions like “what about the lack of communication?”, “where career growth?”, “Who should I ask when I don’t know how to do it?” and completely betray stereotypical thinking. This is not a problem, but a consequence of habit.

Judge for yourself. From early childhood we observe how parents go to work. Then we go: to kindergarten, school, university. Getting ready and leaving home in the morning is akin to a ritual that has taken root so firmly in our consciousness that the alternative is rejected at the immune level. The 8-hour working day has simply become a part of life, which is very difficult to change without replacing it with something of equal value.

What to do about it?

Rapid development information technology and technology, cinema, public opinion and the availability heuristic can convince us that working “from call to call” is unproductive, that it is an imposed framework that makes us unhappy. But that's not true. There is no need to equate the content of unloved work with the 8-hour working day itself, as is often the case. Don’t be fooled into thinking that a flexible schedule and the ability to work remotely are a super-productive trend that will kill the working day in the traditional sense. And most importantly, you should not, succumbing to the unconscious social impulse to deny everything and everyone, cultivate an attitude towards work as something limiting freedom and taking away time. Don’t blame or reproach yourself for having to work five days a week from morning to evening “like everyone else.” After all, the main thing is not how much and in what mode you work, but whether you love what you do. Therefore, we wish you a job you love and the strength not to depend on and not blame everything on its organization.

In one of the Swedish nursing homes, at the initiative of the country's government, an experiment was conducted to obtain reliable data on how reducing working hours affects productivity. Thus, the nurses of this institution worked for a year instead of 8 hours a day - 6, receiving the same salary. The results showed that their productivity increased (one of the metrics - the number of activities with their clients - increased by 64%), they had more energy, the quality of patient care improved and, more predictably, their level of happiness increased by 20%.

The trend towards reducing working hours in Sweden applies not only to government agencies, but also to the private sector. The 6-hour working day is introduced here by both technology startups and representative offices of the largest international companies with a history, for example, the Toyota service center in Gothenburg.

The Swedish baton is being picked up in other countries European countries. Thus, a two-month experiment to reduce working hours was carried out in the British marketing agency Agent at the beginning of 2016, and positive results were also obtained here. And a survey of managers conducted in the UK in April 2016 showed that 6 out of 10 respondents believed that the introduction of shorter working hours would result in increased productivity.

Standard working week in Russia it is 40 hours (with an 8-hour working day). The exception is some areas in which people work 4-6 hours a day, and this norm is enshrined in law.

1. Teachers, educators and university professors. The working day of teachers is no more than 6 hours, and the week is no more than 36 (and for senior teachers, except preschool institutions, - no more than 30). Such standards were established due to the strong nervous and mental stress of those who work with children.

2. Veterinarians. The working day lasts the longest for veterinarians involved in examining animals (6.5 hours), and the shortest, 5-hour, is established for those who disinfect and dispose of animal corpses, and for those who work at animal processing plants, collecting poison from animals. snake.

3. Doctors. A healthcare worker must work a maximum of 39 hours per week. Some specialists work even less. For example, orthopedic dentists - 33 hours, doctors at blood transfusion stations - 36 hours, and in tuberculosis centers - only 30 hours.

4. Food and beverage workers textile industry. Employees involved in the textile industry, treating cotton seeds, disinfecting raw hides, and washing wool, work no more than 6 hours a day. Employees of livestock processing shops that receive bitter almond oils, rock salt miners, as well as producers of shag and some other products are also busy working only 6 hours a day.

5. Mining industry workers. Those working in the mountains and mines, oil and gas producers and those involved in some other industries also have a reduced 6-hour working day. For metallurgists, in most cases, the working day also lasts 6 hours (for example, in the production of lead or gold, in smelting shops), but for some workers who have contact with mercury, it is only 4 hours.

6. Builders. Those working with asbestos, fiberglass, in damp tunnels, and building the subway are required to work a 6-hour day.

7. People working in hazardous industries. In the production of glucose, glass, batteries, thermometers, paper and in many other areas where we have to deal with substances harmful to humans, the working day will not last more than 6 hours.

8. Electric power industry. Those involved in boiler cleaning, fuel loading and thermal insulation work must perform these difficult duties no more than 6 hours a day.

9. Transport. Many employees working for railway, on watercraft and in aviation, work lasts 6 hours a day, and for most subway workers (escalator handrail repairman, storekeeper, track lineman, tunnel worker) - only 5 hours.

10. Chemists. On chemical production especially dangerous conditions for human health, which is why most specialists have a 6-hour working day. But if you decide to work with yellow phosphorus, mercury, cleaning waste water or produce ethyl liquid, it will take only 4 hours a day.

IN labor relations One of the central issues is the question of working time.

International Labor Organization (ILO) conventions define working time as the time during which a worker is at the disposal of the employer. The Labor Code of the Russian Federation is not so categorical and defines working time as the time during which an employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties (Part 1 of Article 91 of the Labor Code of the Russian Federation).

According to Art. 37 of the Constitution of the Russian Federation, limiting the maximum working time is a guarantee of the right to rest. Therefore, Part 2 of Art. 91 of the Labor Code of the Russian Federation establishes that the limit of normal working hours is 40 hours per week.

The easiest and most convenient way to monitor an employee and keep track of working hours is when the employee is in the office, from Monday to Friday, from 09:00 to 18:00 with a lunch break from 13:00 to 14:00. But the activities of an organization often require the use of other working hours.

In this article we will look at what tools for regulating and recording working time are offered by the Labor Code of the Russian Federation.

Pay attention!
Since June 29, 2017, some norms of the Labor Code of the Russian Federation regarding working hours and wages have been in force in a new edition.

THE EMPLOYEE WORKS OUT OF THE OFFICE

By general rule, during the working day the employee must be on the employer’s premises and perform his job functions. But if the employer has a goal, for example, to save on costs (rent of premises, utilities), he can use other forms of work organization that do not require the presence of an employee.

Widespread traveling nature of work when an employee performs a labor function, moving from place to place (for example, from client to client) (Article 168.1 of the Labor Code of the Russian Federation). This is how service engineers and sales managers can work, for example.

Often found home work(Chapter 49 of the Labor Code of the Russian Federation), when an employee makes some products directly at home, for example, knits or sews.

Not long ago, the concept appeared in labor legislation remote work (Chapter 49.1 of the Labor Code of the Russian Federation). This type of work is used in cases where the employee can perform duties outside the employer’s territory, and the interaction between them is organized via the Internet. These could be, for example, programmers, lawyers, translators, writers, designers, etc.

All these types of labor organization are united by the fact that the employer does not see the employee, but his obligation to record the working time of employees does not disappear (Article 91 of the Labor Code of the Russian Federation). In this regard, questions arise with filling out time sheets.

As practice shows, organizations can treat working time recording in a given situation differently.

Option 1. The employer allows employees to use working time at their own discretion, controlling only the results of work.

Option 2. The employer requires employees to be on call for a certain time or to be in touch at certain hours (for example, by phone or Skype), submit written reports on the use of working time, periodically appear in the office to report, etc. In this case, HR the service fills out a time sheet based on information received from the employee and his supervisor.

Option 3. The employer controls all working hours of the employee. To do this, he uses not only the methods mentioned in option 2, but also installs special tracking tools:

Connects to corporate mobile phones an operator service that allows you to track the movement of workers;

Uses miniature satellite beacons to determine the exact location of service vehicles at any time.

THE EMPLOYEE WORKS LESS THAN 8 HOURS PER DAY

Part-time work is becoming increasingly popular. Employers are not willing to pay for a full day's work if a function can be completed in a few hours. In this case, you can use a tool such as part-time work (Article 93 of the Labor Code of the Russian Federation).

Mandatory part-time work is established for part-time workers by virtue of Art. 284 Labor Code of the Russian Federation. But even at the main place, an employee can work part-time, that is, on a part-time basis. The main thing is that both parties to the employment contract agree to this.

However, in some cases, a request for part-time work by an employee is obligatory for the employer. Conversely, sometimes an employer can establish part-time working hours of his own free will (and thereby save wages).

Thus, the partial time is set:

1) by agreement of the parties (for example, for part-time workers) (Part 1 of Article 93 of the Labor Code of the Russian Federation);

2) regardless of the employer’s consent (Part 2 of Article 93 of the Labor Code of the Russian Federation) at the request of:

Pregnant woman;

One of the parents of a child under 14 years of age (disabled child under 18 years of age);

A person caring for a sick family member in accordance with a medical report;

3) at the initiative of the employer - in the case specified in Part 5 of Art. 74 of the Labor Code of the Russian Federation (to avoid mass layoffs of workers).

Part-time work must be distinguished from shortened working hours, which is established by the employer based on the requirements

legislation.

According to Art. 92 of the Labor Code of the Russian Federation, a shortened working day is established for the following categories of workers:

Minor workers (Article 271 of the Labor Code of the Russian Federation);

Disabled people;

Workers with harmful and (or) dangerous working conditions (Article 94 of the Labor Code of the Russian Federation);

Women working in the Far North and equivalent areas (Article 320 of the Labor Code of the Russian Federation);

Workers of certain professions (for example, doctors - Article 350 of the Labor Code of the Russian Federation, teachers - Article 333 of the Labor Code of the Russian Federation).

The key difference between shortened working hours and part-time work is that, as a general rule, with shortened working hours, employees are paid a full salary. For part-time work, the salary is calculated in proportion to the time worked. The exception is minors, who are given a shortened working day, but payment is calculated in proportion to the time worked (Article 271 of the Labor Code of the Russian Federation).

Limitation of working hours

As a general rule, the Labor Code of the Russian Federation does not establish a maximum value for the duration of the working day. The following cases are exceptions (Article 94 of the Labor Code of the Russian Federation):

Minor workers - depending on age;

Disabled people - in accordance with a medical report;

Workers with harmful and (or) dangerous working conditions;

Workers working on a rotational basis.

Thus, if workers do not belong to these categories, their working day may be more than 8 or even 12 hours.

Standard working hours for part-time employment

Order of the Ministry of Health and Social Development of Russia dated August 13, 2009 No. 588n established the Procedure for calculating the standard working time for certain calendar periods of time (month, quarter, year) depending on the established duration of working time per week, including for part-time and shortened working hours:

THE EMPLOYEE NEEDS TO STAY AT WORK

Another common situation is that an employee is required to stay late at work sometimes, for example, on days when important reports are due.

The Labor Code of the Russian Federation provides for two options for working outside working hours: overtime work and irregular working hours (Articles 97, 99, 101 of the Labor Code of the Russian Federation).

These two options have similarities. So, in both cases, an employee can be involved in work:

Outside working hours;

Occasionally;

By order of the employer.

But there are still more differences:

1) overtime work is compensated by increased pay or the provision of rest time, and irregular working hours by additional leave of at least three days (Article 119 of the Labor Code of the Russian Federation);

2) involvement in work within the framework of irregular working hours does not require special accounting. Overtime work must be reflected in the time sheet;

3) in relation to overtime work, the Labor Code of the Russian Federation sets limits - 4 hours for two days in a row and 120 hours per year (Article 99 of the Labor Code of the Russian Federation). If an employee is involved in work beyond the limit (even with appropriate payment), the inspection authorities will recognize this as a violation. There is no such restriction for irregular working hours. Since no documents are drawn up about being hired to work irregular working hours, employees, as a rule, are unable to prove that they were recruited to work unreasonably;

4) to attract overtime work there is no need to change local regulations, and to establish an irregular working day, it is necessary to make changes to the internal labor regulations - establish a list of positions and the number of vacation days (Article 101 of the Labor Code of the Russian Federation);

5) unlike overtime work, irregular working hours must be fixed in the employment contract (as well as the duration of additional leave for work in this mode).

Note also that some employees may refuse to work overtime, so the employer must notify them of this possibility. Such employees include (Articles 99, 259, 264 of the Labor Code of the Russian Federation):

Disabled people;

Women with children under three years of age;

Mothers and fathers raising children under 5 years of age without a spouse;

Employees with disabled children;

Workers caring for sick family members in accordance with a medical report.

At the same time, some workers are completely prohibited from being involved in overtime work, for example (Articles 99, 203 of the Labor Code of the Russian Federation):

Pregnant women;

Persons under the age of 18;

Employees during the period of validity of the student contract;

Disabled people, if they are prohibited from doing so individual program rehabilitation, etc.

THE ORGANIZATION WORKS ROUND THE CLOCK OR MOST OF THE DAY

To organize the work of workers around the clock or 12-16 hours, labor legislation offers the following tools:

Shift work;

Working days of a duration set by the employer with rotating days off.

Let's look at the differences between these ways of organizing work.

According to Art. 103 of the Labor Code of the Russian Federation, shift work is needed in order to ensure a non-stop production process. That is, it is assumed that one group of workers replaces another during the working day of the organization. If the working day of employees begins simultaneously with the opening of the organization and ends with the closing, these are not shifts, but working days.

In both cases, the duration of a shift or an employee’s working day can be 8 hours, less or more.

If the length of a shift or working day exceeds 8 hours, then this is a reason to apply summarized recording of working hours to ensure compliance with working time standards during the accounting period.

Also, in both cases it is necessary to draw up schedules - either work or shifts. In this case, it is necessary to comply with the legal requirements regarding inter-shift and weekly rest, procedures for changing the schedule and familiarization with it, etc.

Since the rules of compilation work schedule are not specifically regulated by law (Article 103 of the Labor Code of the Russian Federation speaks exclusively about replaceable work), then in case of a dispute the court may apply the rules on shift schedules.

Shift work

Work according to a schedule and summarized recording of working time are also used in the rotational method of organizing work (Articles 300, 301 of the Labor Code of the Russian Federation). But there is one peculiarity. As a rule, the duration of the working day with a shift work method is more than 8 hours (most often 11-12 hours), so overtime occurs every day.

Hours of overtime within the schedule, not multiples of a whole working day, are accumulated and summed up to whole working days, followed by the provision of additional days of inter-shift rest. The number of rest days can be calculated by dividing the number of overtime hours by 8.

Each such day of rest is paid in the amount of the daily tariff rate, daily rate (part of the salary for the day of work).

THE EMPLOYEE DECIDES WHEN TO WORK

Employers are increasingly looking for ways to motivate employees while trying to save on costs. Therefore, non-material motivation is becoming more and more common, including by regulating the start and end times of work.

As a rule, the beginning and end of the working day are indicated in the internal labor regulations, and the employee is required to comply with the norms of this local act (Articles 8, 91 of the Labor Code of the Russian Federation).

But, wanting to motivate employees to effective work, employers often, at the request of employees, set them individual opening hours, for example from 09:30 to 18:30. This may be convenient for the employee (for example, to have time to take a child to kindergarten), but does not require any costs from the employer.

Please note that in this case, working hours must be specified in the employee’s employment contract (Article 57 of the Labor Code of the Russian Federation).

An employee can be motivated even more by establishing flexible schedule. The Labor Code of the Russian Federation does not describe this working time regime in much detail.

According to Art. 102 of the Labor Code of the Russian Federation, when working in flexible working hours, the beginning, end or total duration of the working day (shift) is determined by agreement of the parties. The employer must ensure that the employee works the total number of working hours during the relevant accounting periods (working day, week, month, etc.).

If it is not possible to comply with the daily or weekly working hours, an accounting period of longer duration should be established (Article 104 of the Labor Code of the Russian Federation).

Sometimes employers specify several working hours for employees in their internal labor regulations, for example from 08:00 to 17:00; from 09:00 to 18:00; from 10:00 to 19:00. The employee is offered to choose the option that suits him, which is fixed in the employment contract with him. Of course, this can also motivate the employee, but providing such a choice cannot be called a flexible schedule, because there is no variable time.

For example, ILO Convention No. 30 “On the Regulation of Working Time in Commerce and Establishments” (1930), No. 172 “On Working Conditions in Hotels, Restaurants and Similar Establishments” (1991).

Clause 4.2 of the Basic Provisions on the shift method of organizing work (approved by Resolution of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions, the Ministry of Health of the USSR dated December 31, 1987 No. 794/33-82; as amended on January 17, 1990).