What is “ working hours “?
It is no secret that many employers often violate the existing labor law. And, probably, the most widespread violation - when the employer forces the worker to work outside the normal duration of working hours.
Unfortunately, such state of affairs developed at many enterprises. The worker is afraid of dismissal. The worker does not know the rights.
So includes the concept “ working hours “ what its types and legal restrictions?
First of all, work is not instant activity, it always has the duration in time which is considered the worker as it is spent for work, work.
Until the end of the 19th century the legislation in Russia did not regulate restriction of working hours in any way. In Russia for the first time in 1897. the law adopted under pressure of strikes of workers limited working hours till 11,5 o`clock, and for women and children - till 10 o`clock.
Now the Constitution, affirming a right to rest, provides that duration of working hours established by the law is guaranteed to the worker. The labor code establishes duration of working hours of 40 hours in a week that at five-day working week means 8 hours a day. It is considered normal working hours.
Working hours is time during which the worker has to carry out the labor duties, and also some other periods, for example intra replaceable breaks which the labor legislation also carries to working hours.
Working hours differ on duration: normal, reduced, incomplete.
Normal working hours is 40 - hour working week. Vast majority of workers at us work in the mode of normal working hours.
The reduced working hours is called duration of working hours of less normal established by the law. It is paid as total normal working hours. The reduced working hours are established for certain categories of workers: the minors, disabled people, teachers, doctors studying, etc.
the Mode of part-time it can be established under the agreement of the worker with the employer in the form of part-time or part-time working week, or a combination of that and another, but with obligatory payment it is proportional to hours worked or depending on development.
Part-time can be determined to any worker. But the employer is obliged to determine part-time at the request of the following workers: the pregnant woman, the woman with the child till 14 years (the child - the disabled person till 16 years), the person which is carrying out care of the sick family member according to medical certificate and also the disabled person of I and II groups.
The labor legislation provided also such concept as irregular working hours . It is specific mode of work according to which certain workers can according to the order of the employer if necessary incidentally be involved in performance of the labor functions outside the normal duration of working hours. The list of such workers is established by the collective agreement, the agreement or employment policies and procedures.
The law limits also a shift for some categories of workers. It should not be higher:
- for teenagers till 16 years - 5 hours, and from 16 to 18 years - 7 hours, i.e. it is allowed no more than for an hour to increase in change the established duration them the working day, and for the pupils working in non-study time - 2,5 and 3,5 hours according to their age;
- for disabled people duration of change is established according to their medical certificate (recommendations);
- on harmful and dangerous working conditions the maximum shift - 8 hours at the 36th hour working week and 6 hours at 30 and less hour week;
- at a shift method of work change can last till 12 o`clock.
Perhaps, the knowledge of these rules will help you to assert the labor law.