Friday, October 15, 2010

What is "working time"?


It is no secret that many employers often violate existing labor laws. And, perhaps, the most common violation - when an employer forces an employee to work outside normal working hours.
Unfortunately, this situation has developed in many enterprises. The employee was afraid of dismissal. The employee does not know their rights.
So what comprises the concept of "working time", what are its types and legal constraints?
First of all, work - this is not an instantaneous operation, he always has duration in time, and that is working as is spent on work, work.
Until the end of the XIX century law in Russia does not regulate the limitation of working hours. In Russia, for the first time in 1897, a law adopted under the pressure of the strikes of workers, limited working hours to 11.5 hours, while for women and children - up to 10 hours.
Currently, the Constitution enshrines the right to rest, provided that the employee is guaranteed by the statutory working hours. The Labor Code sets the working time of 40 hours per week that a five-day working week means 8 hours a day. This is considered normal working hours.

Working time is the time during which an employee must perform their duties, as well as some other periods, such as intra breaks that labor law also applies to working time.
Working hours vary in duration: normal, short, and incomplete.
Normal working time is 40-hour working week. The vast majority of workers we are working in normal working hours.
Shorter working time is the statutory working hours are less than normal. It is paid as a full normal working hours. Reduced working hours established for certain categories of workers: minors, persons with disabilities, teachers, doctors, students, etc.
Part-time may be determined by agreement of the employee with the employer as a part-time or part-time work week, or a combination of both, but with a compulsory payment in proportion to the hours worked or according to productivity.
Part time work can be fitted to any worker. But the employer must establish a part-time at the request of the following employees: pregnant women, women with a child under 14 (disabled child under 16 years), those caring for a sick family member in accordance with medical opinion, as well as invalids of I and II group.
Labor legislation provides for such a thing as long working hours. This is a special mode of operation, according to which individual employees may order the employer if necessary occasionally required performing their job functions outside of normal working hours. The list of such employees shall be established by a collective agreement, agreement or internal regulations.
The law restricts the shift for some categories of workers. It should not be higher:
- For young people under 16 years old - 5 hours, and from 16 to 18 years - 7 hours, ie allowed no more than an hour increase in shift set the length of their working day, and for students working in their spare time - 2,5 and 3,5 hours respectively for their age;
- Disabled the duration of the change determined in accordance with their medical findings (recommendations);
- In hazardous working conditions the maximum shift - 8 hours with 36 hour working week and 6 hours at 30 and less than hour week;
- When a rotational basis of a change may take up to 12 hours.

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