In labor relations, one of the central issues is the issue 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.

Note!
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

As a general rule, during the working day an 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.

Widely spread 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 operator services to corporate mobile phones, allowing you to track the movement of employees;

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 norm of 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 irregular working hours, 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 their individual rehabilitation program prohibits this, 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 necessary in order to ensure a non-stop production process. That is, it is assumed that one group of workers replaces another during the organization's working day. 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 duration 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.

Overtime hours within the schedule that are 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 increasingly 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 work efficiently, 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 rotational method of organizing work (approved by Resolution of the State Labor Committee of the USSR, the Secretariat of the All-Union Central Council of Trade Unions, the USSR Ministry of Health dated December 31, 1987 No. 794/33-82; as amended on January 17, 1990).

October 1 is the official start of the 2018/2019 heating season in Kazan. However, this does not mean that heating will be provided in all houses at the same time. But every Kazan resident can ask when it will become warm in his apartment. Starting today, the district administrations and the Housing and Public Utilities Committee of the Executive Committee have established hotlines on heat start-up issues.

1. Aircraft manufacturing and Novo-Savinovsky districts

You can call the administration of the Aircraft Construction and Novo-Savinovsky districts at 519-34-65 (Monday to Friday from 9.00 to 18.00, break from 12.00 to 13.00) and 519-34-88 (Monday to Friday from 9.00 to 18.00, break - from 12.00 to 13.00, on Saturday - from 9.00 to 15.00).

2. Kirovsky and Moskovsky districts

In the administration of the Kirov and Moskovsky districts, the hotline operates by phone 557-76-10, on weekdays and weekends from 8.00 to 19.00.

Residents of the Sovetsky district can contact the district administration regarding heat start-up at telephone numbers 272-16-23 (on weekdays from 8.00 to 17.00), 272-75-70 (on weekdays from 8.00 to 17.00), 272-01-05 (on weekdays from 8.00 to 18.00, on weekends - from 9.00 to 17.00).

4. Vakhitovsky and Privolzhsky districts

It will be possible to clarify information on the heating start-up with the administration of the Vakhitovsky and Privolzhsky districts on weekdays by calling 277-81-41, as well as on weekends by calling 264-30-96. Calls will be accepted from 8.00 to 18.00, with a break from 12.00 to 13.00.

An employer may have one day shortened by one hour. The Ministry of Labor announced this on its website.

What the Ministry of Labor said

The maximum working day (shift) is established by law only for certain categories of employees:

• for workers from 15 to 16 years old - 5 hours,
• for workers from 16 to 18 years old - 7 hours;
• for persons studying in secondary vocational educational institutions, aged 14 to 16 years - 2.5 hours, aged 16 to 18 years - 4 hours;
• for disabled people - in accordance with a medical report;
• for workers with harmful and (or) dangerous working conditions, if they have a 30-hour work week or less - 6 hours;
• for workers whose work is directly related to the movement of vehicles (the length of their working day varies depending on their position, type of transport, and other working conditions).

For other employees, the maximum duration of daily work (shift) is not established. It is determined in each organization (entrepreneur) by internal labor regulations.

A company, for example, might set the workday for employees with a 5-day, 40-hour workweek as follows:

• 8 hours daily from Monday to Friday;
• or 8 hours, 15 minutes from Monday to Thursday, then on Friday employees will work an hour less - 7 hours.

How to make Friday short

If the employees of an enterprise belong to the general category of employees for whom the working week cannot exceed 40 hours, and the enterprise has a 5-day working week, then the length of the working day can be set, for example, as follows:

1. 8 hours daily
2. or on Friday the working day is reduced (for example, by 1 hour) due to the increase in working days from Monday to Thursday (for example, by 15 minutes, and in the end it is 8 hours 15 minutes on these days).

Example

The company has a 40-hour work week, five days a day. Lunch break - 1 hour (not included in working hours). The working day begins at 9-00 and, taking into account 1 hour for lunch, ends at 18-00.

The employer decided to shorten Friday by 1 hour. Now employees work from Monday to Thursday from 9-00 to 18-15. And on Friday - from 9-00 to 17-00. At the same time, wages do not change, since the work norm of 40 hours a week remains.

Changes for workers and employers

The employee works in Yekaterinburg from Monday to Friday from 09.00 to 18.00. The employer needs him to also be employed in another position in a department located in Moscow, with the same working hours, while in fact the work will be performed by the employee in Yekaterinburg from his main workplace in the office. The employee doesn't mind.
Is such a formalization of relations possible from the point of view of labor legislation?

Having considered the issue, we came to the following conclusion:
Given the nature of the additional work described in the question, it cannot be entrusted to the employee even with his consent, since it will conflict with labor legislation.

Rationale for the conclusion:
In accordance with part two of the Labor Code of the Russian Federation, an employee is obliged to fulfill his labor duties assigned to him by an employment contract. The Labor Code of the Russian Federation prohibits requiring an employee to perform work not stipulated by an employment contract, except for cases provided for by the Labor Code of the Russian Federation and other federal laws. At the same time, with the consent of the employee, he may be assigned additional work, which, depending on its nature and mode of execution, is formalized in various ways.
Since the work is expected to be performed during the same working hours that are established for the employee for his main job, and the employee is not exempt from performing the main job, it is impossible to formalize additional work with a part-time employment contract (Labor Code of the Russian Federation) or transfer to another job (Labor Code of the Russian Federation). . If the working hours change and no longer coincide, then it would be possible to draw up an employment contract for internal part-time work, however, given that this work is actually performed in Yekaterinburg, and not in Moscow, it will not be possible to indicate Moscow as the place of work in the employment contract (second paragraph Part two of the Labor Code of the Russian Federation). Since the work will be performed in a place controlled by the employer, such an agreement cannot be considered an agreement on remote work (part one of the Labor Code of the Russian Federation), moreover, the rule on the mandatory indication of the place of work also applies to such an agreement.
According to the Labor Code of the Russian Federation, an employee, with his written consent, may be assigned to perform, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in a different or the same profession (position) for additional pay. As follows from this article, combining professions (positions) is a type of employee performing additional work performed for the same employer during the established duration of the working day (shift) along with the work specified in the employment contract. At the same time, combining professions (positions) and other types of additional work listed in the Labor Code of the Russian Federation do not imply the conclusion of another employment contract with the employees performing them. Such work is not guaranteed to the employee: as stated in part four of the Labor Code of the Russian Federation, the employer can cancel the order to perform additional work ahead of schedule by notifying the employee in writing no later than three working days in advance. Accordingly, a position (profession), the work of which is carried out by combining or expanding service areas, increasing the volume of work, remains unoccupied (vacant) in the staffing table, and the fact of fulfillment of duties for it is not reflected anywhere (except for a combination agreement). Since, as we understood from the question, the employer needs the employee to officially hold this position, registration of a combination is also impossible.
Labor legislation does not provide for other options for formalizing labor relations with the parameters described in the question.

Prepared answer:
Expert of the Legal Consulting Service GARANT
Mazukhina Anna

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Komarova Victoria

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service. For detailed information about the service, contact your service manager.